ADJ6925586 — California WCAB decision

What the panel ordered

Petition for reconsideration denied; lien dismissal upheld

Petition for reconsideration of lien dismissal due to failure to timely file declaration under Labor Code section 4903.05(c)(2)

Read the official decision →

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.

LiensDefendant prevailed

Lien claimant failed to timely file the required declaration under section 4903.05(c)(2) by the July 3, 2017 deadline, resulting in dismissal of the lien by operation of law, and the WCAB panel upheld this dismissal and denied reconsideration.

From the decision · page 1Lien claimant Southland Spine & Rehabilitation Medical Center (lien claimant) seeks reconsideration of the Findings and Order (F&O), issued by the workers' compensation administrative law judge (WCJ) on December 18, 2025, wherein the WCJ found that lien claimant failed to timely file a declaration pursuant to Labor Code1 section 4906.05, subd. (c)(2) on or before July 3, 2017, resulting in dismissal of its lien by operation of law.

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

Labor Code section 4903.05(c)(2)

Lien claimants must file a declaration under Labor Code section 4903.05(c)(2) for liens filed before January 1, 2017, by July 1, 2017, or face dismissal of the lien by operation of law.

Applied to lien claimant's failure to timely file the declaration, resulting in dismissal of the lien.

From the decision · page 2(Minutes of Hearing, 10/28/2025, 3:1-3:8.) On December 18, 2025, the WCJ issued his decision determining in relevant part that "[l]ien claimant, Southland Spine and Rehabilitation failed to timely file a declaration pursuant to LC 4906.05(c)(2) on or before July 3, 2017. (Finding of Fact No. 2.) The WCJ's Opinion on Decision states that section 4903.05(c)(2) addresses the declaration requirement for those liens filed before January 1, 2017. "Lien claimants had until Monday, July 3, 2017, at 5:00 p.m. to file a lien declaration pursuant to LC4903(c)(2). (Pedro Hernandez v. Henkel Loctite (2018) 83 CCC 1424, 1426 (En Banc); Rodriguez v. Garden Plating Company (2017) 82 CCC 1390 (En Banc). It is undisputed that they did not file. Reconsideration would have been required by July 28, 2017, at the latest. Failure to do so resulted in dismissal with prejudice of the lien by operation of law (LC 4903.05(c)3)." (Opinion on Decision, 12/18/2025, p. 4.)

Labor Code section 4903.06

Lien activation fee under Labor Code section 4903.06 applies to liens filed prior to January 1, 2013, but does not exempt lien claimants from declaration filing requirements under section 4903.05(c).

Applied to reject lien claimant's argument that activation fee exempted it from declaration filing.

From the decision · page 6required under section 4903.05(c). Lien claimant contends that because its lien was filed prior to

Labor Code section 5909

Appeals Board must act on petition for reconsideration within 60 days of case transmission to the Board.

Applied to confirm timely action on petition for reconsideration.

From the decision · page 3I. Former section 5909 provided that a petition for reconsideration was deemed denied unless the Appeals Board acted on the petition within 60 days from the date of filing. (Lab. Code, § 5909.) Effective July 2, 2024, section 5909 was amended to state in relevant part that: (a) A petition for reconsideration is deemed to have been denied by the

ADJ6925586 · March 23, 2026

What the panel ordered

What was disputed, and how it came out

The facts that decided it

Your case already resembles someone else’s. Find whose.

The rules the panel named

What proof carried it

About this page