Home/Case Law/OMAR JACINTO vs. EXCEL DIRECT, FRYE CLAIMS
Regular DecisionRegular Panel Decision

OMAR JACINTO vs. EXCEL DIRECT, FRYE CLAIMS

Filed: Jul 01, 2013
San Francisco
ADJ1723558

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) denied a lien claimant's petition for reconsideration. The WCAB affirmed the dismissal of the lien claimant's claim because they failed to pay the required lien activation fee prior to the commencement of the lien conference as mandated by Labor Code §4903.06(a)(4) and the en banc decision in Figueroa v. B.C. Doering Co. The claimant's argument that they paid the fee during the conference was rejected, as proof of payment must be presented at the scheduled commencement time. The Appeals Board emphasized a bright-line rule regarding the timely payment of this fee.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) denied a lien claimant's petition for reconsideration. The WCAB affirmed the dismissal of the lien claimant's claim because they failed to pay the required lien activation fee prior to the commencement of the lien conference as mandated by Labor Code §4903.06(a)(4) and the en banc decision in Figueroa v. B.C. Doering Co. The claimant's argument that they paid the fee during the conference was rejected, as proof of payment must be presented at the scheduled commencement time. The Appeals Board emphasized a bright-line rule regarding the timely payment of this fee.

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