What the panel ordered
WCAB panel rescinded WCJ Findings and substituted new findings that lien was dismissed by operation of law and defendant's petition for sanctions is moot
Petition for reconsideration of WCJ Findings of Fact granted by WCAB panel
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.
Lien claimant did not file the required declaration under Labor Code section 4903.05, resulting in dismissal of the lien by operation of law; defendant's petition for sanctions is moot as the lien was dismissed and WCAB lacked jurisdiction to proceed.
From the decision · page 5Here, it is undisputed that lien claimant did not file the declaration required by section 4903.05, and thus, its lien was dismissed by operation of law by July 3, 2017. Therefore, lien claimant could not further pursue the lien; the WCAB did not have jurisdiction over lien claimant once the time to challenge the dismissal had elapsed; and trial should not have been set.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Lien claimant Supreme Copy Services, Inc. failed to file the declaration required by Labor Code section 4903.05
Favours Applicant prevailed
Failure to file the declaration resulted in dismissal of the lien by operation of law on July 3, 2017, depriving WCAB of jurisdiction to proceed on the lien.
From the decision · page 6FINDINGS OF FACT 1. Lien claimant Supreme Copy Services, Inc., failed to file the declaration required by Labor Code section 4903.05, and its lien was dismissed by operation of law by July 3, 2017.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 4903.05
Lien claim dismissal by operation of law for failure to file declaration under Labor Code section 4903.05(c)
Failure to file the required declaration results in dismissal of the lien with prejudice by operation of law.
From the decision · page 4(3) The failure to file a signed declaration under this subdivision shall result in the dismissal of the lien with prejudice by operation of law. Filing of a false declaration shall be grounds for dismissal with prejudice after notice.
WCAB Rule 10770.7
Requirement for filing declaration for liens filed before January 1, 2017, with deadline July 1, 2017
Lien claimants had until July 1, 2017, to file the declaration or the lien would be dismissed.
From the decision · page 4On February 24, 2017, the Appeals Board adopted WCAB Rule 10770.7 providing that: Any section 4903(b) lien that is subject to a filing fee pursuant to section 4903.05 and that is filed before January 1, 2017 shall be dismissed unless, on or before July 1, 2017, the lien claimant electronically files, in accordance with Article 4 of the Workers' Compensation Appeals Board Rules of Practice and Procedure, a Supplemental Lien Form and 4903.05(c) Declaration on the form approved by the Appeals Board. (Cal. Code Regs., tit. 8, § 10770.7.)
What proof carried it
The evidence the panel weighed, by kind.
Lien claimant did not file the declaration required by Labor Code section 4903.05
From the decision · page 5Here, it is undisputed that lien claimant did not file the declaration required by section 4903.05, and thus, its lien was dismissed by operation of law by July 3, 2017. Therefore, lien claimant could not further pursue the lien; the WCAB did not have jurisdiction over lien claimant once the time to challenge the dismissal had elapsed; and trial should not have been set.
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About this page
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