Isaias Ortiz vs. Waterway Plastics; Safety National Insurance

(OXN 0147713)This case is about two lien claimants, South Coast Fitter, LLC and National Medical Equipment, who had their liens dismissed by a workers' compensation administrative law judge (WCJ) for failure to pay an activation fee prior to the lien trial. The WCJ's decision was overturned by the Workers' Compensation Appeals Board, who granted reconsideration and rescinded the orders dismissing the liens, returning the matter to the trial level for consideration of the petitioners' liens and a new decision.

Waterway Plastics; Safety National Insurance Isaias Ortiz WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAISAIAS ORTIZ, Applicant,vs.WATERWAY PLASTICS; SAFETYNATIONAL INSURANCE, Defendants.Case No. ADJ3863284 (OXN 0147713)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Lien claimant South Coast Fitter, LLC petitions for reconsideration of the February 27, 2013 Order Dismissing Lien Claim for Failure to Pay Lien Activation Fee Prior to Lien Conference, in which the workers’ compensation administrative law judge (WCJ) dismissed its lien with prejudice. Lien claimant National Medical Equipment petitions for reconsideration of another February 27, 2013 Order Dismissing Lien Claim for Failure to Pay Lien Activation Fee Prior to Lien Conference, in which its own lien was dismissed.            Both lien claimants contend that they were not required to file an activation fee before the February 27, 2013 lien trial, because Labor Code section 4903.06 states that proof of payment of the fee must be submitted at the lien conference. South Coast Fitter also contends that it relied on correspondence from WCJ Richard Newman to the California Society of Industrial Medicine and Surgery stating that a lien is only subject to dismissal for failure to pay an activation fee at a lien conference, not a trial or other hearing.            We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have not received an Answer from defendant. The WCJ prepared a Report and Recommendation on Petition for Reconsideration for each petition and recommended that we deny both of them.            For the reasons set forth, we will grant reconsideration, rescind the February 27, 2013 Orders dismissing the liens of South Coast Fitter, LLC and National Medical Equipment, and return the matter , to the trial level for consideration of petitioners’ liens and a new decision.            In his Report concerning

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