CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration to lien claimant Hawthorne Lawndale Medical Group, Inc. The Board found that the WCJ erred in dismissing Hawthorne's lien as untimely because it was served on the defendant and applicant's attorney in 2005, satisfying the version of Labor Code §4904(a) in effect at that time. Furthermore, the defendants' failure to serve Hawthorne with the Compromise and Release, in violation of WCAB Rules 10886 and 10888, tolled the statute of limitations. Therefore, the case was returned to the trial level for further proceedings and a new decision.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration to lien claimant Hawthorne Lawndale Medical Group, Inc. The Board found that the WCJ erred in dismissing Hawthorne's lien as untimely because it was served on the defendant and applicant's attorney in 2005, satisfying the version of Labor Code §4904(a) in effect at that time. Furthermore, the defendants' failure to serve Hawthorne with the Compromise and Release, in violation of WCAB Rules 10886 and 10888, tolled the statute of limitations. Therefore, the case was returned to the trial level for further proceedings and a new decision.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.