Home/Case Law/BALTAZAR MELENA CORTEZ vs. KIMCO, permissibly self-insured, administered by SEDGWICK
Regular DecisionReconsideration

BALTAZAR MELENA CORTEZ vs. KIMCO, permissibly self-insured, administered by SEDGWICK

Filed: Jan 16, 2014
Los Angeles
ADJ7897684

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) rescinded an order dismissing California Imaging's lien claim for failure to pay a lien activation fee. This decision was based on two grounds: a federal court injunction enjoining enforcement of the fee provisions and the lien claimant's argument that the fee was not due before a lien trial in 2013. The WCAB clarified that the lien activation fee was only required at a lien conference held after January 1, 2013, which had not occurred in this case. The matter was returned to the trial level for further proceedings.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) rescinded an order dismissing California Imaging's lien claim for failure to pay a lien activation fee. This decision was based on two grounds: a federal court injunction enjoining enforcement of the fee provisions and the lien claimant's argument that the fee was not due before a lien trial in 2013. The WCAB clarified that the lien activation fee was only required at a lien conference held after January 1, 2013, which had not occurred in this case. The matter was returned to the trial level for further proceedings.

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