ICR STAFFING INC NATIONAL UNION FIRE INSURANCE COMPANY Luis Ortiz WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALUIS ORTIZ, Applicant,vs.ICR STAFFING, INC.; NATIONAL UNIONFIRE INSURANCE COMPANY, Defendants.Case No. ADJ7568371(Los Angeles District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATIONAND DECISION AFTER RECONSIDERATION Lien claimant has filed a petition seeking reconsideration of the order issued by the workers’ compensation administrative law judge (WCJ) that dismissed its lien based on its failure to timely pay the lien activation fee required by Labor Code section 4903.06. On November 12, 2013, the federal district court issued a preliminary injunction in Angelotti Chiropractic v. Baker (C.D. Cal. 2013) 78 Cal.Comp.Cases 1218 by which the court enjoined all enforcement of the lien activation fee provisions of section 4903.06, effective November 19, 2013, pending further order of the court. In view of the court’s injunction, we will grant reconsideration, rescind the order dismissing lien claimant’s lien for failure to timely pay the lien activation fee, and return this matter to the WCJ for further proceedings and decision as the WCJ may deem appropriate./ / / / / // / / / / // / / / / // / / , For the foregoing reasons,IT IS ORDERED that lien claimant’s Petition for Reconsideration is GRANTED.IT IS FURTHER ORDERED that, as the Decision After Reconsideration of the Workers’ Compensation Appeals Board, the WCJ’s order dismissing the lien claim for failure to pay a lien activation fee is RESCINDED, and this matter is RETURNED to the trial level for further proceedings and decision consistent with this opinion.WORKERS’ COMPENSATION APPEALS BOARD _____________________________________________FRANK M. BRASS I CONCUR, _____________________________________________ALFONSO J. MORESI_____________________________________________DEIDRA E. LOWE DATED AND FILED A
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