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SignificantMed-legalLienGranted

Maria Elena Mendez

ADJ number: ADJ6509620
Decision date: Apr 24, 2013
District office: Los Angeles
WCJ: —
Claim administrator: Pacific Compensation Insurance Co.
Commissioners: —

LC §4903LC §4903.06LC §4903.1LC §4903.05LC §15LC §5803LC §5804LC §5313LC §5700LC §5701LC §5703LC §5704LC §5708CCR §10582CCR §10301CCR §10770.1CCR §10208CCR §10353CCR §10566CCR §10580

Summary

Lien claimant Dr. Keivan Fatolomi filed a medical-legal lien and a declaration of readiness (DOR) in 2012, participated in lien conferences in 2012, but his lien trial did not occur until January 3, 2013. The WCJ dismissed the lien with prejudice for failure to pay a $100 lien activation fee under Labor Code section 4903.06. On reconsideration, the WCAB held that no activation fee was required prior to a 2013 lien trial where the DOR was filed and lien conference occurred before January 1, 2013, with no intervening 2013 lien conference. The Board rescinded the dismissal and returned the matter to the trial level. The Board noted, however, that any unresolved lien subject to the fee must have the fee paid by January 1, 2014, or it would be dismissed by operation of law.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.