The WCAB has issued an en banc decision in Jose Guillermina Rodriguez and Consolidated Cases.
On September 14, 2017, 1200 Petitions for Reconsideration were filed by and through lien claimant Maximum Medical. These Petitions requested reconsideration of the enforcement of new lien assignment statutes, challenging an administrative action in the DWC’s Electronic Adjudication Management System (EAMS) that would have resulted in the automatic dismissal of liens due to an alleged failure to timely file declarations. The Appeals Board has consolidated the cases in its decision.
However, the notation on the EAMS website as well as the automatic dismissal of liens was held moot because the issue of timely filing of lien declarations filed by the aggrieved lien claimants was held to be determined on a case by case basis rather than in the automatic dismissal.