Pursuant to Labor Code section 5405, proceedings for the collection of benefits must commence within one year of the date of
injury, expiration of the period covered by the last payment of disability indemnity, or the last date for which medical benefits
were furnished. When the injured worker is not pursuing the claim, the lien claimant stands in the shoes of the injured worker and
can initiate proceedings by filing an application; but the lien claimant's application also must be timely. (Kaiser Foundation
Hospitals v. Workers' Comp. Appeals Bd. (Martin) (1985) 39 Cal.3d 57 [50 Cal.Comp.Cases 411]; Kaiser Foundation Hospitals
v. Workers' Comp. Appeals Bd. (Webb) (1977) 19 Cal.3d 329 [42 Cal.Comp.Cases 302].
Labor Code section 5500 provides that "the filing of an application for adjudication...shall establish the jurisdiction of the appeals
board and shall commence proceedings before the appeals board for the collection of benefits." The application may be filed by
"any party in interest." (Lab. Code, § 5501.) Likewise, Appeals Board Rule 10400 states that "proceedings for the adjudication of
rights and liabilities before the Workers' Compensation Appeals Board shall be initiated by the filing of an Application for
Adjudication," and includes lien claimants among those parties who may file applications. (Cal. Code Regs., tit. 8, § 10400(a) ,
(e), (f), (g).)
injury, expiration of the period covered by the last payment of disability indemnity, or the last date for which medical benefits
were furnished. When the injured worker is not pursuing the claim, the lien claimant stands in the shoes of the injured worker and
can initiate proceedings by filing an application; but the lien claimant's application also must be timely. (Kaiser Foundation
Hospitals v. Workers' Comp. Appeals Bd. (Martin) (1985) 39 Cal.3d 57 [50 Cal.Comp.Cases 411]; Kaiser Foundation Hospitals
v. Workers' Comp. Appeals Bd. (Webb) (1977) 19 Cal.3d 329 [42 Cal.Comp.Cases 302].
Labor Code section 5500 provides that "the filing of an application for adjudication...shall establish the jurisdiction of the appeals
board and shall commence proceedings before the appeals board for the collection of benefits." The application may be filed by
"any party in interest." (Lab. Code, § 5501.) Likewise, Appeals Board Rule 10400 states that "proceedings for the adjudication of
rights and liabilities before the Workers' Compensation Appeals Board shall be initiated by the filing of an Application for
Adjudication," and includes lien claimants among those parties who may file applications. (Cal. Code Regs., tit. 8, § 10400(a) ,
(e), (f), (g).)
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