Luis Martinez

New Age Imaging, Inc. filed a document copy services lien on August 8, 2011, for subpoenaing and copying records at the request of applicant's attorney in a case that resolved by C&R. After SB 863 became effective on January 1, 2013, New Age withdrew its lien and instead filed a petition for costs under Labor Code section 5811, apparently to avoid paying the lien activation fee under section 4903.06. The WCJ denied the petition, ruling that the withdrawal did not abrogate the activation fee obligation. The Appeals Board, sitting en banc, held that medical-legal expenses (including copy service costs to obtain records) cannot be pursued via a section 5811 petition for costs and must follow the specific statutory lien scheme, including the mandatory lien activation fee. The Board affirmed the denial of the petition for costs but, given the legal uncertainty at the time and the absence of a formal dismissal, deemed New Age's lien reinstated, allowing it to pursue recovery if it complies with the activation fee requirements.