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PanelLienDenied

Carrillo, Hector

HECTOR CARRILLO, Applicant vs. TROON GOLF MANAGEMENT; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, for LEGION INSURANCE COMPANY, IN LIQUIDATION, Defendants

ADJ number: ADJ4642758
Decision date: Jan 12, 2025
District office: Los Angeles
WCJ: —
Claim administrator: California Insurance Guarantee Association (CIGA) for Legion Insurance Company, in liquidation
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

LC §4903LC §4903.05LC §4903.06LC §4600LC §4603.6LC §4610LC §4610.5LC §4622LC §5900LC §5903LC §5909CCR §10507

Summary

Lien claimant Basso Pharmacy sought reconsideration of an October 10, 2024 F&O finding that its section 4903(b) lien (filed April 17, 2008) was dismissed with prejudice by operation of law on July 3, 2017 for failure to file the declaration required by Labor Code section 4903.05(c). Basso argued it was not required to file a declaration because the lien predated the requirement and it allegedly fit none of the seven enumerated categories. The Board rejected this argument, holding that section 4903.05(c)(2) expressly imposed the declaration requirement on pre-2017 liens with a July 1, 2017 deadline, and that the legislative intent of SB 1160 was to require declarations from all lien claimants. The Board further found that any challenge to the lien's dismissal by operation of law should have been raised by a timely petition for reconsideration in July 2017, leaving the Board without jurisdiction to disturb that order. The Petition for Reconsideration was denied.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.