Murders, Dennis

Lien claimant Stanford/ValleyCare Health Systems sought reconsideration of a WCJ's April 20, 2023 Findings of Fact holding that an express agreement between lien claimant and defendant precluded WCAB jurisdiction over the billing dispute under Labor Code section 5304. The Board first addressed the timeliness of the petition, noting uncertainty about the filing date and applying the Shipley due process tolling doctrine because the petition was not transmitted to the WCAB until June 15, 2023 due to circumstances possibly outside the petitioner's control. On the merits, the Board found a chain of contracts existed (lien claimant's Facility Agreement with Anthem Blue Cross, and SCIF's Managed Care Services Agreement with Blue Cross Life and Health) constituting an express agreement fixing reimbursement amounts. Following Tri-City Medical Center v. WCAB (Streeter), the Board held the WCAB lacked jurisdiction. The Board rejected lien claimant's estoppel and SB863 arguments as inadequately supported, and affirmed the Findings of Fact.