ET Security, Inc.; Gallagher Bassett Benito Rodriguez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABENITO RODRIGUEZ, Applicant,vs.ET SECURITY, INC.; GALLAGHERBASSETT, Defendants.Case No. ADJ7805804 (Anaheim District Office)ORDER DENYING RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration. In addition, Division of Workers’ Compensation (DWC) emergency rule 10208(a) provides, in relevant part, that “[a]ny lien filed pursuant to Labor Code section 4903(b) filed prior to January 1, 2013, and any cost filed as a lien prior to January 1, 2013, shall be subject to a lien activation fee in the sum of one hundred dollars ($100.00), payable to the [DWC] prior to filing a Declaration of Readiness to Proceed for a lien conference by that party, prior to appearing at a lien conference for a case, or on or before January 1, 2014, whichever occurs first.” (Italics added.) The foregoing emergency rule, which became effective January 1, 2013, may be found at: https://www.dir.ca.gov/dwc/DWCPropRegs/LienfilingFee/LienfilingFee_Regs.htm In this case, it appears that the petitioning lien claimant paid the activation fee on the day of the conference, but the payment was not on time. In fact, lien claimant does not claim that the activation fee was paid by 1:30 PM, and lien claimant did not attach any receipt to its petition for reconsideration. (See Figueroa v. B.C. Doering Co. (2013) 2013 Cal. Work Com. LEXIS 47 (78 Cal.Comp.Cases – -) [Appeals Board Significant Panel Decision].) , Finally, we admonish lien claimant for filing excess documents in EAMS, in violation of WCAB Rule 10842. (Cal. Code Regs., tit. 8, § 10842.)
