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PanelLienGranted

Gonzalez, Victor

VICTOR GONZALEZ, Applicant vs. UNITED AUTO CRAFT; STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ3214135
Decision date: Mar 20, 2024
District office: Marina del Rey
WCJ: —
Claim administrator: State Compensation Insurance Fund
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

LC §4903.8

Summary

Lien claimant Missirian Orthopedic filed liens in December 2012 in two consolidated claims that were later settled by a 2017 compromise and release. At a 2023 lien trial, the WCJ dismissed the lien by operation of law, finding that Missirian failed to meet its burden of proving it timely filed a declaration under Labor Code section 4903.8(d). The Board granted reconsideration, holding that section 4903.8(d) provides no consequence (dismissal or invalidity) for failure to timely file a declaration on liens filed before January 1, 2013, relying on the persuasive reasoning in Athens Administrators (Perales). The F&O was rescinded and the matter returned to the WCJ to consider the remaining issues regarding the lien claimant's entitlement to payment.

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.

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.