Hurst, Jerry

Lien claimant Southland Spine & Rehabilitation Medical Center filed a medical treatment lien under Labor Code section 4903(b) on March 9, 2012, and paid an activation fee under section 4903.06 in 2015. The WCJ found the lien dismissed by operation of law because the lien claimant failed to file the supplemental declaration required by section 4903.05(c)(2) by July 1, 2017 (the WCJ referenced July 3, 2017 as the next applicable date). Lien claimant argued that because its lien predated January 1, 2013, and was subject to the activation fee rather than a filing fee, it was exempt from the declaration requirement. The Board rejected this argument, holding that the declaration requirement under section 4903.05(c) applies to all section 4903(b) medical treatment liens filed before January 1, 2017. Because no declaration was filed, the lien was dismissed with prejudice by operation of law, and the WCAB retained no jurisdiction. The Petition for Reconsideration was denied.