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DWC Lifts Dismissal Notice for Nearly 3,000 Liens

Wednesday, October 4, 2017 | 1333 | 0 | 0 min read

The Division of Workers’ Compensation on Tuesday said it will allow administrative law judges to determine whether declarations were filed timely for nearly 3,000 liens that were dismissed by operation of law in July.

Senate Bill 1160 required the holder of any lien filed between Jan. 1, 2013, and Dec. 31, 2016, to submit by July 1 a declaration stating they were eligible to file the lien. Declarations required under SB 1160 must accompany all liens filed since the start of the year.

The division said more than 441,000 lien declarations were filed ahead of the deadline, but it dismissed more than 292,000 liens for which the mandatory declaration was not filed by July 1. But 2,794 liens for which declarations were filed on July 2 and July 3 are coming back online, the DWC said in a statement Tuesday.

“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,” the division said. “DWC’s reversal of the dismissal notice is not a decision or order on the timeliness of the declarations, and shall not be construed as such.”

Comments

Rhonda Wofford Oct 4, 2017 07:58 AM

It is good to the DWC allowing substantive challenges of lien dismissals through a WCAB proceeding. US and CA Constitutions require honoring "due process" remedies with judicial oversight before one can be deprived of their life, liberty, or property. Anytime an administrative agency takes a unilateral action there are bound to be mistakes. There should always be a judicial remedy and proceeding to challenge the validity of administrative actions. That doesn't mean that liens without timely filed declarations should be allowed. But in this case, that can't be determined by just a calendar date because the deadline fell on the weekend. It is long-standing black letter law that if a deadline falls on a weekend; then, the deadline for filing is extended to the next day of business for the Court. CCP § 12a If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday.  For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b , all days that by terms of Section 12b are required to be considered as holidays. The definition for a holiday was later expanded to include Sundays: Government Code section 6700 reads, The holidays in this state are: (a) Every Sunday. (b) January 1st. (c) The third Monday in January, known as “Dr. Martin Luther King, Jr. Day.” (d) February 12th, known as “Lincoln Day.” (e) The third Monday in February. (f) March 31st known as “Cesar Chavez Day.” (g) The last Monday in May. (h) July 4th. (i) The first Monday in September. (j) September 9th, known as “Admission Day.” (k) The second Monday in October, known as “Columbus Day.” (l) November 11th, known as “Veterans Day.” (m) December 25th. (n) Good Friday from 12 noon until 3 p.m. (o) Every day appointed by the President or Governor for a public fast, thanksgiving, or holiday...

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