What the panel ordered
The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration as untimely and upheld the dismissal of the lien with prejudice for failure to file the required declaration under Labor Code section 4903.05(c)(2).
Lien claimant Charles Schwarz, M.D., filed a Petition for Reconsideration of the Findings of Fact Regarding Liens issued by the WCJ on September 1, 2021, which dismissed his lien for failure to file a declaration under Labor Code section 4903.05(c)(2). The WCJ recommended denying the Petition for Reconsideration.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The lien claimant failed to file the required declaration by the July 3, 2017 deadline, resulting in dismissal of the lien with prejudice by operation of law. The Appeals Board upheld this dismissal and denied the Petition for Reconsideration as untimely.
From the decision · page 3subdivision (c)(1). As a result, lien claimant's lien was dismissed with prejudice by operation of law as of Monday, July 3, 2017 at 5:01 p.m.4
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.