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The Workers' Compensation Appeals Board granted reconsideration, rescinding an administrative law judge's order dismissing a lien claimant's lien for copy services. The lien claimant had failed to pay the required activation fee at a lien conference, which under Labor Code section 4906.03(a)(4) typically results in dismissal. However, the Board found that at the time of the dismissal, there was uncertainty regarding the application of new legislation, and the claimant's attempt to recover costs via a petition for costs under a different section was understandable. The matter was returned to the trial level for further proceedings and a new decision, requiring the lien claimant to pay the activation fee if they wish to pursue the lien.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, rescinding an administrative law judge's order dismissing a lien claimant's lien for copy services. The lien claimant had failed to pay the required activation fee at a lien conference, which under Labor Code section 4906.03(a)(4) typically results in dismissal. However, the Board found that at the time of the dismissal, there was uncertainty regarding the application of new legislation, and the claimant's attempt to recover costs via a petition for costs under a different section was understandable. The matter was returned to the trial level for further proceedings and a new decision, requiring the lien claimant to pay the activation fee if they wish to pursue the lien.
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