What the panel ordered
Lien claimant's Petition for Reconsideration granted; February 12, 2025 Findings and Order rescinded; lien disallowed and lien claimant takes nothing.
Petition for Reconsideration granted by the WCAB panel, rescinding the February 12, 2025 Findings and Order and substituting a new Findings and Order.
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.
LiensDefendant prevailedcirculatory system
The WCJ erred in dismissing the lien under section 4903.5 because it applies only to medical liens, not living expense liens under section 4903.1(a). However, CCPOA failed to timely notify defendant of the lien, so defendant is not liable as temporary disability benefits were already properly paid.
From the decision · page 5The WCJ found that CCPOA's lien was barred by the statute of limitations found in section 4903.5. However, the statute of limitations described in section 4903.5 applies to liens provided under section 4903(b), which addresses liens of medical treatment and medical-legal expenses. Section 4903.5 does not create a bar to liens of living expenses provided by a group disability policy filed under section 4903.1(a). Accordingly, we agree with CCPOA that the WCJ erred in dismissing its lien pursuant to section 4903.5.