The last DOS was in May 2014, and the lien was filed in August 2015, so only 15 months have past and we were within SOL to file the lien.
The WCJ had issue with the lien being filed only 1 week before the Lien Conf and cited the following:
4903.5 (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.
Saying since the lien was only filed 1 week before the Lien Conf there was not adequate time for the lien to be served, thus past SOL.
Is this really going on in LBO?
Can the WCJ really sanction us for pursuing this lien, and are these grounds valid?
Are there any Judge's Decisions on this issue?