CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address a lien claimant's contention that its lien was improperly dismissed as untimely. The WCAB found the initial Stipulation and Order flawed due to an incomplete record and improper procedural application. The matter is returned to the trial level for a full re-analysis of the statute of limitations for the lien claim and the timely payment of the lien fee. The WCJ must ensure all necessary documentation is present and properly consider evidentiary presumptions and potential tolling of the limitations period.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address a lien claimant's contention that its lien was improperly dismissed as untimely. The WCAB found the initial Stipulation and Order flawed due to an incomplete record and improper procedural application. The matter is returned to the trial level for a full re-analysis of the statute of limitations for the lien claim and the timely payment of the lien fee. The WCJ must ensure all necessary documentation is present and properly consider evidentiary presumptions and potential tolling of the limitations period.
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