CompFox AI Summary
This case concerns the dismissal of a lien claim for failure to pay a lien activation fee under Labor Code section 4903.06. The Appeals Board held that the fee was not required before a lien trial in 2013 if the Declaration of Readiness to Proceed and lien conferences occurred in 2012. The statute's language distinguishes between lien conferences and lien trials, and the fee is not explicitly mandated prior to the latter. Therefore, the dismissal was rescinded, and the matter was returned for further proceedings.
Full Decision Text1 Pages
This case concerns the dismissal of a lien claim for failure to pay a lien activation fee under Labor Code section 4903.06. The Appeals Board held that the fee was not required before a lien trial in 2013 if the Declaration of Readiness to Proceed and lien conferences occurred in 2012. The statute's language distinguishes between lien conferences and lien trials, and the fee is not explicitly mandated prior to the latter. Therefore, the dismissal was rescinded, and the matter was returned for further proceedings.
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