Home/Case Law/LAEURIA ELLIOTT vs. NATIONAL HOUSING MINISTRIES, STATE COMPENSATION INSURANCE FUND
Regular DecisionWorkers' Compensation

LAEURIA ELLIOTT vs. NATIONAL HOUSING MINISTRIES, STATE COMPENSATION INSURANCE FUND

Filed: Jun 27, 2013
ADJ525374 (LAO 0758607)

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The Workers' Compensation Appeals Board granted the defendant's Petition for Removal to dismiss several lien claims. These liens were dismissed with prejudice for failure to pay the required lien activation fee by the lien conference, as mandated by Labor Code section 4903.06(a)(4). The Board relied on its prior en banc decision in Figueroa v. B.C. Doering Co., which held that proof of payment is required at the lien conference and dismissal with prejudice is automatic for non-compliance. No notice of intention to dismiss was necessary in this case.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal to dismiss several lien claims. These liens were dismissed with prejudice for failure to pay the required lien activation fee by the lien conference, as mandated by Labor Code section 4903.06(a)(4). The Board relied on its prior en banc decision in Figueroa v. B.C. Doering Co., which held that proof of payment is required at the lien conference and dismissal with prejudice is automatic for non-compliance. No notice of intention to dismiss was necessary in this case.

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