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PanelLienDenied

Yeny Garcia — ADJ9761024

YENY GARCIA, Applicant vs. SECURITAS SECURITY SERVICES USA, INC.; Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants

ADJ number: ADJ9761024
Decision date: Apr 7, 2021
District office: Marina del Rey
WCJ: —
Claim administrator: Sedgwick Claims Management Services, Inc.
Commissioners: DEIDRA E. LOWE, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: arms, elbows, wrists, back, head, knees, neck, neuro, sleep, feet, toes, fingers

LC §4903.8LC §4903LC §5705LC §3202.5

Summary

Delmar Medical Imaging, a lien claimant, filed a Notice and Request for Allowance of Lien on October 21, 2016, with a declaration that omitted the required language of Labor Code section 4903.8(d)(1) and (2). It filed an amended declaration with the proper language on August 21, 2017. The WCJ found the original lien invalid when filed, the amended lien untimely, and the lien barred by the statute of limitations, and that the requirements of Code of Civil Procedure section 473 were not met. On reconsideration, the WCAB affirmed, holding that the lien claimant failed to submit a sworn affidavit and that the collections supervisor's trial testimony, found not credible by the WCJ, did not establish mistake, inadvertence, surprise, or excusable neglect. The Board gave great weight to the WCJ's credibility determination.

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.