Gwendolyn Blessitt — ADJ1208836, ADJ3704380, ADJ4088542

Lien claimant Dr. David Silver filed a medical treatment lien on 3/28/2005 in three consolidated cases arising from applicant Gwendolyn Blessitt's cumulative trauma injury. The WCJ found the lien dismissed by operation of law under Labor Code section 4903.05(c)(3) because Dr. Silver failed to file the required declaration by the July 1, 2017 deadline applicable to liens filed before January 1, 2017. Dr. Silver petitioned for reconsideration only in ADJ1208836, arguing section 4903.05(c) does not apply to liens filed before 2013 and that the WCAB panel precedents were wrongly decided. The Appeals Board granted reconsideration to correct a procedural error—rescinding the order taking the two companion cases (ADJ3704380 and ADJ4088542) off calendar because the withdrawal of those liens (where activation fees had been paid) appeared to have been made in error—but otherwise affirmed the WCJ's decision dismissing the lien. The Board relied on the anti-fraud purpose of SB 1160 and existing panel decisions holding the declaration requirement applies to all lien claimants.