What the panel ordered
Petition for Reconsideration granted, Findings of Fact and Order rescinded, case remanded to WCJ for further proceedings
Petition for Reconsideration granted, Findings of Fact and Order of January 2, 2024 rescinded, case returned to WCJ for further proceedings
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 Appeals Board found that the declaration requirements of section 4903.8(d) do not apply to liens filed before January 1, 2013, and thus the lien filed in December 2012 cannot be dismissed for lack of a timely declaration.
From the decision · page 1Lien claimant Missirian Orthopedic seeks reconsideration of the Findings of Fact and Order (F&O) of January 2, 2024, wherein the workers compensation judge (WCJ) found that lien claimant had not met its burden of proof to show it timely filed a declaration pursuant to Labor Code1 4903.8(d) and therefore the lien was dismissed. Lien claimant contends that the WCJ incorrectly dismissed its lien, filed in December 2012, as the declaration requirements of section 4903.8(d) are not applicable to liens filed before January 1, 2013.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.