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WCAB panel rescinded WCJ Findings and substituted new findings that lien was dismissed by operation of law and defendant's petition for sanctions is moot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.