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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ586942, ADJ687483
Regular
May 24, 2013

CHARLES KINDELBERGER vs. CITY OF LOS ANGELES

Here's a summary for a lawyer: The Workers' Compensation Appeals Board granted reconsideration, rescinded the judge's decision, and returned the case for further proceedings. The judge had disallowed a lien claimant's services from March 19, 1999, to April 14, 2007, finding it barred by the statute of limitations under Labor Code §4903.5(a). The Board disagreed, noting that the claimant continued to provide treatment and receive payments over a twelve-year period, and that the "date services were provided" in the context of ongoing treatment refers to the last date of service. The Board found the defendant's interpretation would create a statute of limitations for each individual date of treatment, which is not supported by the statute's wording and would lead to an impractical flood of liens.

Workers Compensation Appeals BoardLien ClaimantStatute of LimitationsLabor Code Section 4903.5Petition for ReconsiderationFindings of Fact and OrdersAdministrative Law JudgeDate of ServiceCumulative Trauma InjuryPolice Officer
References
1
Case No. ADJ8777170 ADJ8786553 ADJ8798896
Regular
Mar 30, 2017

JESUS MEZA BARRAZA vs. IL FORNAILO AMERICA, ZURICH

This case denied a petition for reconsideration regarding a lien claim deadline. The lien claimant argued that the 18-month filing deadline under Labor Code § 4903.5(a) should not apply to continuous services that straddled the July 1, 2013 amendment date. The Board found the reasoning in *Kindelberger* persuasive, holding that for continuous treatment, the last date of service triggers the statute of limitations. The Board also affirmed it lacks jurisdiction to rule on statutory constitutionality.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 4903.5lien claimdate of serviceKindelberger v. City of Los Angelesstatute of limitationsongoing treatmentcontinuous treatmentongoing services
References
4
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