CompFox AI Summary
The Workers' Compensation Appeals Board denied reconsideration of an order dismissing a lien claimant's lien. The Board found that Labor Code section 4904(a) was inapplicable and that the lien was not timely filed as required by WCAB Rule 10866. The lien claimant filed its lien after a compromise and release was already approved, and the lien itself was filed more than five years from the date of injury and over a year from the last date of service. The Board adopted the WCJ's report, which detailed why the lien claimant's arguments and cited case law did not support their position, ultimately concluding the lien was properly dismissed as untimely.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied reconsideration of an order dismissing a lien claimant's lien. The Board found that Labor Code section 4904(a) was inapplicable and that the lien was not timely filed as required by WCAB Rule 10866. The lien claimant filed its lien after a compromise and release was already approved, and the lien itself was filed more than five years from the date of injury and over a year from the last date of service. The Board adopted the WCJ's report, which detailed why the lien claimant's arguments and cited case law did not support their position, ultimately concluding the lien was properly dismissed as untimely.
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