What the panel ordered
The WCAB granted the petition for reconsideration, amended the WCJ's Findings and Orders to find a contested claim existed at the time lien claimant provided services, and deferred all other issues regarding the lien.
Lien claimant Tower Imaging sought reconsideration of a WCJ's Joint Findings and Orders disallowing its lien for photocopy services, arguing a contested claim existed at the time services were rendered.
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 WCAB found that a contested claim existed at the time lien claimant provided services because the applicant's claim was filed well before the services and the defendant had not timely accepted or denied liability, indicating a contested claim existed.
From the decision · page 5Applicant's attorney thereafter ordered subpoenas duces tecum for records, and lien claimant performed copy services in September and November 2013. At that time, it is clear that a contested claim existed, because the Application claiming injury and seeking benefits was filed by applicant on December 5, 2011 almost two years before, and the dates that the subpoena duces tecum were issued were well beyond the 14 day period for defendant to begin paying applicant temporary disability, to offer medical treatment, or to respond to applicant's claim. Thus, a "contested claim" existed prior to the lien claimant performing any copy services.