Bloomington High School; York Insurance Company Ronald Perez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARONALD PEREZ, Applicant, vs.BLOOMINGTON HIGH SCHOOL; YORKINSURANCE COMPANY, Defendants.Case No. ADJ222185 (LAO 0862751)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, we note that under Division of Workers’ Compensation (DWC) emergency regulation 10208(a), effective January 1, 2013, “[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.) Therefore, the lien activation fee must be paid prior to the conference, and paying at the conference is too late. Furthermore, the lien claimant petitioning herein failed to present any evidence that it was unable to pay from the date of notice of the conference up to the date of the conference on January 23, 2013. In fact, there is a discrepancy in the hearing representative’s advisement to the WCJ at the lien conference that the fee had been paid prior to the conference, and lien claimant’s argument herein that it was unable to pay the fee online prior to the lien conference because of “a system error.”/// , The emergency regulations maybe found at: http://www.dir.ca.gov/dwc/DWCPropRegs/LienfilingFee/Lienfiling Fee Regs.htm
