Progli, Laszlo

Lien claimant West Star Physical Therapy sought reconsideration of a June 17, 2019 F&O that found its lien untimely, found it failed to meet its burden of proof, and ordered it to pay defense attorney's fees, costs ($2,700) and sanctions ($1,000). West Star provided physical therapy to applicant from August 5 to October 12, 2016, and filed its lien on May 3, 2018. The Board agreed the lien was time-barred under Labor Code section 4903.5(a) because it was filed more than 18 months after the last treatment date of October 12, 2016 (the November 7, 2016 discharge report involved no treatment and was not a 'service'). However, the Board rescinded the fees, costs, and sanctions, finding the WCJ imposed them without a Notice of Intent in violation of due process and that West Star's conduct was not frivolous or in bad faith. The F&O was rescinded and substituted so that the lien is barred but West Star is not liable for fees, costs, or sanctions.