CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration to Hepps Pharmacy, finding the WCJ erred in dismissing their lien claim as untimely filed. The Board determined that defective service of the original decision rendered the lien claimant's petition for reconsideration timely upon receipt. Furthermore, the lien was implicitly recognized and preserved within a Compromise and Release Agreement, meaning Labor Code section 4903.5 did not apply to bar the claim. The case is now returned to the trial level for adjudication on the merits of Hepps Pharmacy's lien.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to Hepps Pharmacy, finding the WCJ erred in dismissing their lien claim as untimely filed. The Board determined that defective service of the original decision rendered the lien claimant's petition for reconsideration timely upon receipt. Furthermore, the lien was implicitly recognized and preserved within a Compromise and Release Agreement, meaning Labor Code section 4903.5 did not apply to bar the claim. The case is now returned to the trial level for adjudication on the merits of Hepps Pharmacy's lien.
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