En Banc Decision – Timeliness of Declarations
October 26, 2017 –Maximum Medical filed 1300 petitions for reconsideration to contest the DWC dismissal of liens for which the declarations were filed on July 2nd or 3rd. As the individual reconsiderations require a timely response from the WCAB, the WCAB consolidated all the petitions into a single case. The Workers’ Compensation Appeals Board handed down an en banc decision, confirming the right of lien claimants to have a hearing on the timeline of declarations that were due by July 1. Under Labor Code 4903.5, all lien claimants who filed a lien between January 1, 2013 and December 31, 2016, and paid a filing fee, were required to file the “Supplemental Lien Form and 4903.05(c) Declaration” form by July 1, 2017. The declarations confirm that the liens are valid and appropriately filed.
Liens with declarations filed on July 2 and 3, 2017, were administratively designated as dismissed for failure to comply with the July 1 filing deadline. DWC has since reserved the dismissal notations on these liens. Because July 1 fell on a weekend, workers’ compensation administrative law judges will adjudicate the timeliness of lien declarations filed on July 2 and July 3 on a case-by-case basis. This consolidation and reversal of the DWC stance affirms Maximum Medical’s commitment and success in defending its clients’ lien rights.