Rhonda Wofford Oct 4, 2017 a 2:10 pm PDT

It is good to the DWC allowing substantive challenges of lien dismissals through a WCAB proceeding.

US and CA Constitutions require honoring "due process" remedies with judicial oversight before one can be deprived of their life, liberty, or property.

Anytime an administrative agency takes a unilateral action there are bound to be mistakes. There should always be a judicial remedy and proceeding to challenge the validity of administrative actions.

That doesn't mean that liens without timely filed declarations should be allowed. But in this case, that can't be determined by just a calendar date because the deadline fell on the weekend.

It is long-standing black letter law that if a deadline falls on a weekend; then, the deadline for filing is extended to the next day of business for the Court.

CCP § 12a If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday.  For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b , all days that by terms of Section 12b are required to be considered as holidays.

The definition for a holiday was later expanded to include Sundays:

Government Code section 6700 reads,

The holidays in this state are:
(a) Every Sunday.
(b) January 1st.
(c) The third Monday in January, known as “Dr. Martin Luther King, Jr. Day.”
(d) February 12th, known as “Lincoln Day.”
(e) The third Monday in February.
(f) March 31st known as “Cesar Chavez Day.”
(g) The last Monday in May.
(h) July 4th.
(i) The first Monday in September.
(j) September 9th, known as “Admission Day.”
(k) The second Monday in October, known as “Columbus Day.”
(l) November 11th, known as “Veterans Day.”
(m) December 25th.
(n) Good Friday from 12 noon until 3 p.m.
(o) Every day appointed by the President or Governor for a public fast, thanksgiving, or holiday...