Home/Case Law/RUBEN RANGEL FLORES vs. KT MODA, INC., dba ICHIBAN JAPANESE RESTAURANT, TECHNOLOGY INSURANCE COMPANY
Regular DecisionWorkers' Compensation Appeal

RUBEN RANGEL FLORES vs. KT MODA, INC., dba ICHIBAN JAPANESE RESTAURANT, TECHNOLOGY INSURANCE COMPANY

Filed: Sep 04, 2018
San Francisco
ADJ9810841

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding a lien claim. The defendant argued the lien was untimely filed based on the compromise and release date, but the Board found the lien was filed within the statutory 18-month period from the last date of service, as interpreted by case law. Furthermore, the Board held the statute of limitations was tolled due to the defendant's failure to serve the compromise and release on the lien claimant, despite having prior notice of the claim. Therefore, the WCJ's order for retrospective utilization review and to address the lien was upheld.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding a lien claim. The defendant argued the lien was untimely filed based on the compromise and release date, but the Board found the lien was filed within the statutory 18-month period from the last date of service, as interpreted by case law. Furthermore, the Board held the statute of limitations was tolled due to the defendant's failure to serve the compromise and release on the lien claimant, despite having prior notice of the claim. Therefore, the WCJ's order for retrospective utilization review and to address the lien was upheld.

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