What the panel ordered
Defendant's Petition for Reconsideration denied
Petition for Reconsideration of WCJ Findings of Fact denied by en banc Appeals Board
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 filed the Supplemental Lien Form and Section 4903.05(c) Declaration on July 3, 2017, which was timely filed because July 1, 2017 fell on a Saturday, extending the deadline to 5:00 p.m. on Monday, July 3, 2017, consistent with statutory rules of procedure.
From the decision · page 1214 Section 4903.05(c)(2) states that lien claimants "shall have until July 1, 2017" to file the
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Lien claimant filed the Supplemental Lien Form and Section 4903.05(c) Declaration on July 3, 2017, before 5:00 p.m.
Favours Applicant prevailed
This filing was within the extended deadline due to July 1, 2017 falling on a Saturday, which extended the deadline to the next business day, July 3, 2017, making the filing timely and allowing the lien to proceed.
From the decision · page 1219 succeeded in filing the declaration before 5:00 p.m. on Monday, July 3, 2017. Therefore, lien claimant's
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 4903.05(c)
Lien claimants shall have until July 1, 2017 to file the declaration identified in section 4903.05(c)(1), and if July 1 falls on a weekend, the deadline extends to the next business day.
The deadline was extended to 5:00 p.m. on Monday, July 3, 2017, because July 1, 2017 was a Saturday.
From the decision · page 1214 Section 4903.05(c)(2) states that lien claimants "shall have until July 1, 2017" to file the
WCAB Rule 10770.7
Rule 10770.7 requires dismissal of liens not timely filed with the Supplemental Lien Form and 4903.05(c) Declaration.
Lien claimant complied by filing on July 3, 2017, within the extended deadline.
What proof carried it
The evidence the panel weighed, by kind.
Lien claimant filed Supplemental Lien Form and Section 4903.05(c) Declaration on July 3, 2017, before 5:00 p.m.
From the decision · page 1219 succeeded in filing the declaration before 5:00 p.m. on Monday, July 3, 2017. Therefore, lien claimant's
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About this page
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