Eliezer Figueroa

The WCAB, sitting en banc, granted reconsideration on its own motion to rescind a prior significant panel decision and re-issue the same holdings as binding precedent regarding the lien activation fee under Labor Code section 4903.06. Lien claimant Orthomed LLC failed to pay the $100 lien activation fee and provided no proof of payment at a January 9, 2013 lien conference, leading the WCJ to dismiss its lien with prejudice without a notice of intention. Orthomed argued the fee was not payable because the defendant failed to serve supporting documents. The Board rejected this argument, holding that the fee must be paid prior to the scheduled start time of a lien conference, that failure to pay or prove payment mandates dismissal with prejudice, that a defendant's breach of duties does not excuse the fee, and that no notice of intention is required before dismissal. The dismissal of Orthomed's lien was affirmed.