Section 4903.5 Of Chapter 1. Payment And Assignment From California Labor Code >> Division 4. >> Part 3. >> Chapter 1.
4903.5
. (a) A lien claim for expenses as provided in subdivision
(b) of Section 4903 shall not be filed after three years from the
date the services were provided, nor more than 18 months after the
date the services were provided, if the services were provided on or
after July 1, 2013.
(b) Notwithstanding subdivision (a), any health care service plan
licensed pursuant to Section 1349 of the Health and Safety Code,
group disability insurer under a policy issued in this state pursuant
to the provisions of Section 10270.5 of the Insurance Code,
self-insured employee welfare benefit plan issued in this state as
defined in Section 10121 of the Insurance Code, Taft-Hartley health
and welfare fund, or publicly funded program providing medical
benefits on a nonindustrial basis, may file a lien claim for expenses
as provided in subdivision (b) of Section 4903 within 12 months
after the entity first knew or in the exercise of reasonable
diligence should have known that an industrial injury is being
claimed, but in no event later than five years from the date the
services were provided to the employee.
(c) The injured worker shall not be liable for any underlying
obligation if a lien claim has not been filed and served within the
allowable period. Except when the lien claimant is the applicant as
provided in Section 5501 or as otherwise permitted by rules of
practice and procedure adopted by the appeals board, a lien claimant
shall not file a declaration of readiness to proceed in any case
until the case-in-chief has been resolved.
(d) This section shall not apply to civil actions brought under
the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part
2 of Division 7 of the Business and Professions Code), the Unfair
Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of
Division 7 of the Business and Professions Code), or the federal
Racketeer Influenced and Corrupt Organization Act (Chapter 96
(commencing with Section 1961) of Title 18 of the United States Code)
based on concerted action with other insurers that are not parties
to the case in which the lien or claim is filed.