Authorities as the decision cited them, with how this panel applied each one.
Rucker v. Workers' Comp. Appeals Bd. (2000) 82 Cal.App.4th 151
Due process requires reasonable notice and opportunity to be heard.
Lien claimants were given multiple continuances and opportunity to file exhibits, satisfying due process.
From the decision · page 1All parties to a workers' compensation proceeding retain the fundamental right to due
process and a fair hearing under both the California and United States Constitutions. (Rucker v.
Workers' Comp. Appeals Bd. (2000) 82 Cal.App.4th 151, 157-158 [65 Cal.Comp.Cases 805].) Due
Lab. Code, 5311; Code Civ. Proc., 641; Mackie v. Dyer (1957) 154 Cal.App.2d 395
Grounds for disqualification of WCJ include bias or fixed opinion prior to hearing.
Petition for Disqualification denied as allegations lacked specific facts and no fixed opinion shown.
From the decision · page 2Turning to the Petition for Disqualification, we note that Labor Code section 5311 provides
that a party may seek to disqualify a WCJ upon any one or more of the grounds specified in Code
of Civil Procedure section 641. (Lab. Code, § 5311; see also Code Civ. Proc., § 641.) Among the
grounds for disqualification under section 641 are that the WCJ has "formed or expressed an
unqualified opinion or belief as to the merits of the action" (Code Civ. Proc., § 641(f)) or that the
WCJ has demonstrated "[t]he existence of a state of mind... evincing enmity against or bias
toward either party" (Code Civ. Proc., § 641(g)).
Labor Code 4903.5; Labor Code 4903.06 (a) (1)
Lien claim must be filed within 3 years of service date and activation fee must be paid.
Liens filed beyond 3 years or without activation fee are dismissed by operation of law.
From the decision · page 7As per Labor Code § 4903.5, a lien claim shall not be filed after three years
from the date the services were provided, nor more than 18 months after the date
services were provided, if the services were provided on or after July 1, 2013.
The undersigned disagrees with the Petitioner's assertion that the statute only
applies for dates of services after July 1, 2013. As per the clear language of the
statute, a lien claim shall not be filed after 3 years from the date services were
provided, for services provided prior to July 1, 2013. The Petitioners failed to
cite authority to the contrary.
Torres v. AJC Sandblasting (2012) 77 CCC 1113, en banc
Lien claimants bear burden of proof to establish validity of liens.
Petitioners failed to meet burden of proof for liens.
From the decision · page 8It is well-established that lien claimants must prove by a preponderance of
the evidence all elements necessary to establish the validity of their lien, before