CompFox AI Summary
This case concerns a medical provider's lien for services rendered to an injured worker, which the WCJ initially found time-barred under Labor Code § 4903.5. The Appeals Board rescinded this decision, finding the lien was not time-barred. This was based on the defendant's awareness of the lien claim through billing and Explanation of Benefits (EOBs) in 2006, constituting constructive notice. Crucially, the Appeals Board found the statute of limitations tolled because the defendant failed to serve the provider with the underlying Compromise and Release, a requirement under WCAB Rules. The Board followed precedent in Serrano and Rendon, where similar failures to serve settlement documents tolled the lien filing deadline.
Full Decision Text1 Pages
This case concerns a medical provider's lien for services rendered to an injured worker, which the WCJ initially found time-barred under Labor Code § 4903.5. The Appeals Board rescinded this decision, finding the lien was not time-barred. This was based on the defendant's awareness of the lien claim through billing and Explanation of Benefits (EOBs) in 2006, constituting constructive notice. Crucially, the Appeals Board found the statute of limitations tolled because the defendant failed to serve the provider with the underlying Compromise and Release, a requirement under WCAB Rules. The Board followed precedent in Serrano and Rendon, where similar failures to serve settlement documents tolled the lien filing deadline.
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