Amtrust Wins Costs and Sanctions Against Lien Claimant

On May 5, 2017, the WCAB judge issued a Findings, Award and Order following Trial, against lien claimant American Liberty Interpreting, awarding $2,841.71 in costs to Amtrust and $1,000.00 in sanctions to the WCAB General Fund.

History:

Applicant sustained an industrial injury during the period 03/20/2012 through 03/20/2012. The case-in-chief resolved by Compromise and Release on 01/20/2014 for $17,500 ($10,000 from Amtrust / Technology Insurance and $7,500 from Intercare).

Following the Compromise and Release, 51 liens were filed by various medical and service providers resulting in exposure of $98,984.41. GDI attorney Edward Tsui and the Amtrust Claims Examiner resolved 50 of the 51 liens for $28,991.55.

One lien remained: an interpreting lien from American Liberty Interpreting for $6,520.00 with dates of services from 7/11/2012 to 5/30/2013 for interpreting allegedly provided at doctor visits.

The American Liberty Interpreting lien went to Trial on March 29, 2017, resulting in the May 5, 2017 Findings, Award and Order against American Liberty Interpreting, awarding $2,841.71 in costs to Amtrust and $1,000.00 in sanctions to the WCAB General Fund.

Basis for Order:

Labor Code 4903.5, states that liens with dates of services ending on or after 7/1/2013 have an 18-month statute of limitations, and that liens with dates of services ending on or before 6/30/2013 will have a 3-year statute of limitations. Since this interpreting lien ended on 5/30/2013, they would have had three years to file.

American Liberty Interpreting appeared to have filed timely within the statute as per their 4/14/2016 filing date.

However in this case, an objection letter sent by a diligent Amtrust claims examiner exposed the fact that the lien claimant had deleted dates of service after 6/30/2013 in order to take advantage of the longer 3-year statute of limitations.

The WCAB judge was not please, and ordered American Liberty Interpreting Take Nothing and pay $3,841.71 in costs and sanctions. 

Kelly Daub

Gilson Daub, Inc., 34270 Pacific Coast Highway, Dana Point, CA, 92629