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Doriel Ramos vs. Hibachi Sushi & Grill, First Comp Ltd.

Hibachi Sushi & Grill, First Comp LTD. Doriel Ramos WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADORIEL RAMOS, Applicant,vs.HIBACHI SUSHI & GRILL, FIRSTCOMP LTD., Defendants.Case No. ADJ7504787 (Anaheim District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Lien claimant, Firstline Health Inc., seeks reconsideration of the Order Dismissing Lien for Failure to Pay Lien Activation Fee Prior to Lien Conference (Order) wherein the workers’ compensation administrative law judge (WCJ) ordered that petitioner’s lien claim was dismissed because lien claimant failed to pay the lien activation fee prior to the lien conference on March 21, 2013 at 1:30 p.m. The WCJ also noted in the Order that a search “in EAMS via the Public Information Search Tool at 2:15 pm on the date of hearing [indicated that] there was no showing that the lien activation fee had been paid.” In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ noted beginning at page 2:[justify]      Labor Code section 4903.06 (a) (1), (4) states a lien for medical treatment filed prior[/justify][justify]      to 1-1-13 shall be subject to a lien activation fee and the lien claimant shall submit[/justify][justify]      proof of payment of the activation fee at the time of the lien conference. ‘If the fee[/justify][justify]      has not been paid or no proof of payment is available, the lien shall be dismissed with[/justify][justify]      prejudice.’ Here the payment had not cleared the bank and it should be deemed not to[/justify][justify]      have been paid until the check clears. The DWC website shows that when the fee is[/justify][justify]      paid by check it is marked pending and the lien remains inactive until the check[/justify][justify]      clears. It further reiterates this on the EAMS transaction record which states, ‘credit[/justify][justify]      card shows in 2 hour, ACH shows in 7 days.’ The receipt subm


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