What the panel ordered
Petition for Reconsideration denied; WCJ's finding that Basso Pharmacy's lien is invalid is affirmed.
Petition for Reconsideration by Basso Pharmacy (lien claimant) after WCJ found its lien invalid under Labor Code §4903.8(e) and denied relief under CCP §473(b).
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.
Basso Pharmacy failed to properly file their lien as required by Labor Code §4903.8(e); relief under CCP §473(b) is discretionary and not warranted here; the statute's requirements are strict and not subject to judicial relief for excusable neglect in this context.
From the decision · page 4Lien Claimant's first argument is this WCJ erred in not applying California Code of Civil Procedure § 473(b) which provides relief for a party based on their mistake, inadvertence, surprise, or excusable neglect. Labor Code § 4903.8 clearly outlines the requirements for filing a valid lien, which includes an attached declaration that the attached billing statement accurately describes the services or products that were provided to injured employee. Failure to meet the requirements of Labor Code § 4903.8 is specifically enunciated in paragraph (e) which provides that not complying with the requirements of the section results in the lien being deemed invalid and additionally it does not operate to preserve or extend any time limit for filing of the lien. Labor Code § 4903.8 contemplates mistakenly filed liens and provides clear and unambiguous directions as to how those liens should be treated, which includes addressing an untimely corrective filing. Basso Pharmacy did not properly file their lien, and by application of Labor Code § 4903.8, their lien is invalid. To relieve Lien Claimant of the strict requirements of Labor Code § 4903.8 would negate the legislative intent outlined in the code section, which this WCJ does not find grounds to do.