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Maria Castro vs. Promate Produce Usa Star Insurance Administered By Illinois Midwest

PROMATE PRODUCE USA STAR INSURANCE administered by ILLINOIS MIDWEST MARIA CASTRO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA CASTRO, Applicant,vs.PROMATE PRODUCE USA; STARINSURANCE, administered by ILLINOISMIDWEST, Defendants.Case No. ADJ7967239(Marina del Rey District Office)OPINION AND DECISIONAFTERRECONSIDERATION            On October 28, 2013, we granted the reconsideration following Petitions for Reconsideration filed by two lien claimants, ABC International Company and Med-Legal Photocopy. Lien claimants sought reconsideration of two separate Orders Dismissing Lien Claim for Failure to Pay Lien Activation Fee (Orders) issued by the workers’ compensation administrative law judge (WCJ) on August 7, 2013. In the Orders, the WCJ dismissed the liens of ABC International Company and Med-Legal Photocopy, for failure to timely pay the lien activation fee pursuant to Labor Code section 4903.06(a)(4). The WCJ also allowed lien claimants 10 days to file proof that the lien activation fee was paid before the August 7, 2013 lien conference.            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, and because the lien activation fee issue was pending before us when the injunction was issued, we are compelled to rescind both of the August 7, 2013 Orders Dismissing Lien Claim for Failure to Pay Lien Activation, 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, as the Decision after Reconsideration of the Worker’s Compensation Appeals Board, that the August 7, 2013 Order Dismissing Lien Claim (of ABC International Company)


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