Fastframes; Adminstered by Preferred Employers Insurance Company Richard Smith WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARICHARD SMITH, Applicant,vs.FASTFRAMES; Administered by PREFERREDEMPLOYERS INSURANCE COMPANY, Defendants.Case No. ADJ6969394 (Santa Ana District Office)OPINION AND ORDER DENYING PETITION FOR REMOVAL Defendant has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the Order dated March 12, 2013, wherein the workers’ compensation administrative law judge (WCJ) continued this matter to a conference on October 8, 2013. Defendant contends that because Lopez & Associates (Lopez) had withdrawn its lien on March 4, 2013, had concurrently filed a petition for costs pursuant to Labor Code section 5811,1 and had failed to pay the lien activation fee required by section 4903.06(a), the WCAB had lost jurisdiction over Lopez’s claim for reimbursement of costs. Lopez has filed an Answer. On May 7, 2013, we filed our Decision in Martinez v. Ana Terrazas 78 Cal.Comp.Cases __ (Appeals Board en banc). We held: “(1) a claim for medical-legal expenses may not be filed as a petition for costs under section 5811; and (2) medical-legal lien claimants who withdrew their liens and filed petitions for costs prior to this decision may pursue recovery through the lien process if they comply with the lien activation requirements of section 4903.06 and if their liens have not otherwise been dismissed” (slip opn., page 1-2). Here, Lopez withdrew its lien prior to the date of the Martinez decision, and there is no evidence that the lien has otherwise been dismissed. Although Lopez’s petition for costs must be dismissed, it can 1 Unless otherwise specified, all statutory references are to the Labor Code. , reinstate its lien and pay the lien activation fee prior to the conference scheduled for October 8, 2013. Therefore, we deny defendant’s Petition for Removal and affirm the continuance of this ma
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