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PanelLienDismissed

Ida Montelongo — ADJ2193346

IDA MONTELONGO, Applicant vs. GELSONS MARKET; EVEREST NATIONAL INSURANCE COMPANY, administered by AMERICAN CLAIMS MANAGEMENT, Defendants

ADJ number: ADJ2193346
Decision date: Feb 10, 2022
District office: Marina Del Rey
WCJ: —
Claim administrator: American Claims Management (administering for Everest National Insurance Company)
Commissioners: DEIDRA E. LOWE, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER

LC §4903LC §4903.05LC §4903.06LC §4600LC §4603.6LC §4610LC §4610.5LC §4622LC §5900LC §5903CCR §10507CCR §10508CCR §10840

Summary

Lien claimant Charles Schwarz, M.D. filed a lien under Labor Code section 4903(b) on December 23, 2003 and paid a $100 fee on November 10, 2015. The WCJ found the lien invalid because Schwarz failed to file the declaration required by section 4903.05(c) (added by SB 1160), which mandated such declarations for pre-2017 liens by July 1, 2017. Schwarz argued he was exempt because his lien was subject to an activation fee under section 4903.06 rather than a filing fee under section 4903.05. The Board rejected this argument, holding the declaration requirement applies to all lien claimants and that the lien was dismissed with prejudice by operation of law as of July 3, 2017. The Board ultimately dismissed the Petition for Reconsideration as untimely, since it was due July 24, 2017 but not filed until September 10, 2021.

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.