CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and found that Westlake Spine and Outpatient Surgery Center's lien was barred by the statute of limitations under Labor Code section 4903.5(a). Westlake provided services in January 2005, but only filed its lien in January 2008, over five years after the injury date and more than six months after the approval of a compromise and release agreement. The Board found Westlake's delay and failure to properly file and serve its lien estopped it from recovery. Therefore, Westlake is not entitled to further reimbursement beyond the amount already paid.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and found that Westlake Spine and Outpatient Surgery Center's lien was barred by the statute of limitations under Labor Code section 4903.5(a). Westlake provided services in January 2005, but only filed its lien in January 2008, over five years after the injury date and more than six months after the approval of a compromise and release agreement. The Board found Westlake's delay and failure to properly file and serve its lien estopped it from recovery. Therefore, Westlake is not entitled to further reimbursement beyond the amount already paid.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.