Penalties; Delay in Authorization of Medical Treatment; Attorney's Fees. WCAB affirmed award of 25 percent penalty under LC 5814 for defendant's 45-day delay in authorizing medical treatment, when, although WCAB disagreed with WCJ's rationale that defendant's failure to authorize treatment within 10-day period pursuant to utilization review procedure was automatically unreasonable and subjected defendant to a penalty, WCAB agreed that delay in authorizing medical treatment from 3/31/2008 until time of 4/28/2008 Expedited Hearing justified imposition of penalty; WCAB, in a majority decision, rescinded WCJ's award of two attorney's fees under LC 5814.5--one for time applicant's attorney spent litigating issue of medical treatment and a separate fee for attorney's pursuit of penalty on delayed medical treatment--and found that only a single fee was justified because, pursuant to Ramirez v. Drive Financial Services en banc opinion, LC 5814.5 only allows fees for legal services rendered in enforcing an unreasonably delayed prior award, and not for any other purpose. See White panel decision.

Liens; Medical Treatment. WCAB held that lien claimant outpatient surgery center was barred by LC 4903.5(a) from recovering on its lien for services provided in 1/2005 to applicant with industrial injury ending on 10/11/2002, when, although defendant initially had notice that lien claimant provided medical treatment, lien claimant failed to respond after defendant paid less than full amount of lien claimant's bill and informed lien claimant that nothing further would be paid, lien claimant filed lien outside time limits set forth in LC 4903.5(a), defendant did not receive notice of lien until more than two years after lien was filed, and WCAB found that LC 4904(a) does not create an automatic "notice of lien" every time a defendant pays less than amount billed by lien claimant. See Segura panel decision.