Evans, David

Lien claimant CCPOA Benefit Trust Fund provided applicant David Evans living expense/loss-of-time benefits ($49,504.80) following his industrial circulatory injury. CCPOA attempted to notify SCIF of its lien in April 2016 but failed to include a case or claim number; SCIF returned the document requesting that information and CCPOA never responded. CCPOA did not file its lien with the WCAB until April 1, 2022, after SCIF had already paid applicant temporary disability and IDL covering the same periods. The WCJ disallowed the lien as time-barred under Labor Code section 4903.5, but the Board found that statute inapplicable to living-expense liens under section 4903.1(a). Nonetheless, the Board granted reconsideration and substituted findings holding that because CCPOA failed to properly notify defendant of its lien before defendant paid all benefits to which the lien could attach, defendant is not liable, and CCPOA takes nothing.