WCAB En Banc: Supplemental Lien Declarations Were Timely on 7/3/17
Happy Wednesday, dear readers!
It looks like we can finally close the book on one of the tiny chapters in Workers’ Comp History (and procedure): There is finally a decision about whether lien claimants who filed a supplemental declaration pursuant to Labor Code section 4903.05(c) prior to 5:00 p.m. on Monday July 3, 2017 (rather than before 5:00 p.m. on Friday, June 30, 2017) are timely.
In an increasingly rare en banc decision, one which features all four of the sitting commissioners, the WCAB has ruled that despite the language of Labor Code section 4903.05, lien claimants actually had until the next business day to file the supplemental declaration.
The background is all available here, which is, of course, a shameless plug for your humble blogger’s prior blog entries. Basically, 4903.05(c) required lien claimants to file a supplemental declaration before 5:00 p.m. on July 1, 2017. In a classic example of the deep thinking and review often afforded to legislation, July 1, 2017 is a Saturday, which would normally move the filing deadline to the next business day, or Monday, July 3, 2017.
Some lien claimants did the sensible thing and filed before July 1, 2017, anyway, but a few… “brave” souls decide that they would wait until the last possible minute and filed on July 3, 2017 instead.
Well, the WCAB has finally ruled that, as predicted, if the last day to perform an act falls on a Saturday or a Sunday, the deadline is extended to the next business day.
