WCPanelIQ
PanelMed-legalLienDenied

Knoche, George

GEORGE KNOCHE, Applicant vs. WEISER LOCK CORPORATION, PERMISSIBLY SELF-INSURED, ADMINISTERED BY SEDGWICK CMS, Defendants

ADJ number
ADJ2207038
Decision date
Jan 3, 2024
District office
Van Nuys
WCJ
Todd T. Kelly
Claim administrator
Sedgwick CMS (administering for Weiser Lock Corporation, permissibly self-insured)
Commissioners
—

Injury / body parts: hernia, excretory system, internal system, psyche

LC §4620LC §4621LC §4903LC §4903.5CCR §10451.1CCR §10786

Summary

Western Imaging Services, a copy service provider, last rendered services on February 12, 2014, but filed its lien claim and paid the activation fee on August 26, 2015—two weeks after the 18-month statute of limitations under Labor Code § 4903.5(a) expired on August 12, 2015. After failing to object to the defendant's DOR, failing to respond to the defendant's petition to take the lien conference off calendar, and failing to appear at the March 2, 2016 lien conference (which was taken off calendar), Western took no action until November 27, 2020, when it filed a Petition for Determination of Medical-Legal Expense Dispute seeking the same payment. The WCJ found that Western conceded its lien was time-barred and could not avoid the statute of limitations by the 'simple stratagem' of filing a Petition for Determination, relying on the en banc decision in Martinez v. Terrazas. The WCAB adopted and incorporated the WCJ's Report and denied reconsideration.

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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