WCAB finds 18 month rule applies to dismissal of lien per LC 4903.5 where treatment began prior to 07/01/2013 (Guerrero v. Easy Staffing)
In Guerrero v. Easy Staffing, 2016 Cal. Wrk. Comp. P.D. LEXIS the WCAB issued a split decision finding that a lien claimant who had been treating both before and after 07/01/2013 was subject to the 18 month statue of limitations per LC 4903.5 and not the previous three year statutory period. The dismissal of the lien by the WCJ was upheld pursuant to the statute of limitations despite having significant treatment prior to 07/01/2013. The test for which statutory period to use is when the last date of treatment occurred, here 09/23/2013 and thus the 18 month period applies.
Please read the full decision Omayra Guerrero v Easy Staffing.