Case Law Database

JOSE MARTINEZ vs. MCP INDUSTRIES, INC.; COMMERCE AND INDUSTRY INSURANCE COMPANY; adjusted by AIG CLAIMS SERVICES

This case concerns a medical provider's lien for services rendered to an injured worker, which the WCJ initially found time-barred under Labor Code § 4903.5. The Appeals Board rescinded this decision, finding the lien was not time-barred. This was based on the defendant's awareness of the lien claim through billing and Explanation of Benefits (EOBs) in 2006, constituting constructive notice. Crucially, the Appeals Board found the statute of limitations tolled because the defendant failed to serve the provider with the underlying Compromise and Release, a requirement under WCAB Rules. The Board followed precedent in *Serrano* and *Rendon*, where similar failures to serve settlement documents tolled the lien filing deadline.