Rascon, Jose Luis

Lien claimant California Physician Network LLC dba Aldon Medical Transportation sought reconsideration of a September 12, 2023 Findings and Order that denied recovery on its medical transportation lien because the claimant failed to establish compliance with Labor Code section 4903.05's declaration requirement. Although Aldon paid the $100 activation fee, the WCJ searched the entire file and EAMS/FileNet records and found no evidence that the required declaration under penalty of perjury was ever filed. The WCAB granted reconsideration solely to correct the misspelling of the lien claimant's name (from 'Alson' to 'Aldon') and otherwise affirmed the take-nothing order. The Board adopted and incorporated the WCJ's Report, rejecting all of the lien claimant's arguments regarding delay, exemption, inference of timely filing, and alleged frivolous defense litigation. The lien was denied because the missing 4903.05 declaration is a complete bar to recovery.