Lien claimants' sole representative, Maximum Medical, filed over 1,200 nearly identical Petitions for Reconsideration challenging a DWC administrative action in EAMS that marked their liens as dismissed because Labor Code section 4903.05(c) declarations were filed after the July 1, 2017 deadline (July 1 fell on a Saturday, so declarations were filed July 2 and July 3). After the petitions were filed, DWC issued an October 3, 2017 Newsline removing the dismissal notation, stating the timeliness of those declarations would be adjudicated case-by-case at the trial level. The WCAB, sitting en banc, held that because DWC removed the dismissal notation, the lien claimants were no longer aggrieved and the petitions were moot. The Board consolidated the cases under Rule 10589 (designating Rodriguez v. Garden Plating Co. as the master case), suspended Rule 10859 so trial-level proceedings could continue, designated Maximum Medical to serve the decision, dismissed all petitions, and returned the cases to the trial level for individual determination of timeliness.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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Provider takeaway
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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