Veronica Vasquez — ADJ9247183, ADJ9248422

Lien claimants Accurate Interpreting and Maciej Majzel, D.C. sought reconsideration of a WCJ decision dismissing their liens under Labor Code section 4903.8(d) and (e) for failure to file valid supporting declarations. The Board found that Ms. Kulikova's original declarations were prima facie valid, shifting the burden to defendant, but ultimately agreed they were invalid because there was no direct link between Ms. Kulikova and the declarations—her subordinates prepared and affixed her electronic signature, and she had no recollection of authorizing the specific declarations at issue. The dispositive issue then became whether the amended declarations filed June 11, 2019 could cure the defect, and whether laches barred them. The Board held that laches requires proof of delay resulting in prejudice or change of position, which the WCJ's Report failed to identify. The Board rescinded the F&O and returned the matter to the trial level for further proceedings, instructing the parties to address the prejudice element of the laches defense, with the defendant bearing the burden of proof.