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Find Solutions & Strategies April 15, 2013 |
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 More About Lien Activation Fees
Three new panel decisions illustrate how the WCAB is interpreting lien activation fees |
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| lien activation fees | |
 WCAB Provides Further Guidance on Lien Activation Fees, by David Bryan Leonard, Esq.
Three new panel decisions illustrate how the WCAB is interpreting the new lien activation fees. These decisions should be of great interest to the workers' comp community and are summarized below.
Villanueva v. Tech Data Product Management Inc., 2013 Cal. Wrk. Comp. P.D. LEXIS -. With the exception of a lien claimant that was dismissed in error for non-activation when it has previously settled its lien, the WCAB upheld the remainder of the WCJ's order dismissing medical liens in connection with applicant/picker's industrial injuries, for failure to pay lien activation fees pursuant to Labor Code § 4903.06(a)(4), effective 1/1/2013, which requires mandatory dismissal of liens with prejudice if the fee is not paid by the time of the lien conference. Here, the lien claimants did not pay the lien activation fee prior to or at the time of the 1/9/2013 lien conference. The WCAB found that the dismissal of the liens was not discretionary, but rather required under the statute.
The WCAB found no merit to the lien claimants' assertion that...read more. |
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