Lien Claimants liens are deemed satisfied with no further payment due for failing to follow required procedures

• Posted By: Harvey Brown
• December 2, 2019

This is a published case

This is a very significant case for workers’ compensation principles.

The applicants both had admitted injuries. Both applicants needed interpreter services for their injuries. The interpreter service submitted invoices to defendant for services provided.

Defendant denied payment and issued explanations of review pursuant to Labor Code section 4603.3. The lien claimant objected to the explanation, but did not seek a second review pursuant to section 4603.2 or section 9792.5.

The liens went to trial. The parties stipulated that the interpreters were necessary. They submitted timely invoices. Defendant issued an explanation of review but lien claimant did not seek a second review.

The Workers Compensation Judge (WCJ) found the liens were not barred. Defendant filed a petition for reconsideration and the Workers Compensation Appeals Board (WCAB) denied the petition.

Defendant filed the writ of review. The appeals court looked at the applicable fee schedule under Labor code section 4603.3, 4603.2 and Title 8, Section 9795.3. They also reviewed case law.

The appellate court ruled that the WCAB lacked jurisdiction to hear the lien claimants dispute. There was an applicable fee schedule. There was an “amount of payment” under the schedule. The statute required lien claimant to file a second review within 90 days. Since they did not do so the bill was deemed satisfied pursuant to 4603.2

Case:

• Posted In: Jurisdiction, Liens, Writ