What the panel ordered
WCAB affirmed the WCJ's Findings of Fact and Order dismissing the lien of Delmar Medical Imaging as untimely and barred by the statute of limitations.
Petition for reconsideration of Findings of Fact and Order Regarding Lien filed by Delmar Medical Imaging, denied by WCAB affirming WCJ's order dismissing lien as untimely and barred by statute of limitations.
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.
The WCJ found the lien claimant's declaration noncompliant and untimely, barred by the statute of limitations, and the WCJ's credibility determination of the lien claimant's representative's testimony was given great weight by the WCAB, leading to affirming dismissal of the lien.
From the decision · page 1Delmar Medical Imaging (lien claimant) seeks reconsideration of the Findings of Fact and Order Regarding Lien of Delmar Medical Imaging (F&O) issued by the workers' compensation administrative law judge (WCJ) on April 20, 2018. As relevant herein, the WCJ found that lien claimant's lien was invalid when filed on October 21, 2016; that the "amended" lien filed on August 21, 2017, was untimely; that lien claimant was required to file its lien no later than 18 months after the last day of service; that lien claimant's lien was barred by the statute of limitations; and that the provisions of Code of Civil Procedure section 473 were not met. Based on these findings, the WCJ ordered lien claimant's lien dismissed, and that it take nothing on its lien.