CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded an administrative law judge's order dismissing a lien claim. The lien claimant was dismissed for failing to prove payment of a lien activation fee prior to a lien trial. However, the Appeals Board found that because the lien conference occurred during a federal court injunction suspending the fee requirement, and the trial occurred immediately after the injunction was lifted, the lien claimant was not required to pay the fee prior to the trial. This decision aligns with prior Appeals Board precedent under similar circumstances and clarifies the timing for fee payment and proof thereof.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded an administrative law judge's order dismissing a lien claim. The lien claimant was dismissed for failing to prove payment of a lien activation fee prior to a lien trial. However, the Appeals Board found that because the lien conference occurred during a federal court injunction suspending the fee requirement, and the trial occurred immediately after the injunction was lifted, the lien claimant was not required to pay the fee prior to the trial. This decision aligns with prior Appeals Board precedent under similar circumstances and clarifies the timing for fee payment and proof thereof.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.