Eliezer Figueroa

Lien claimant Orthomed LLC's medical treatment lien was dismissed with prejudice at a January 9, 2013 lien conference for failure to pay the $100 lien activation fee required by Labor Code section 4903.06, effective January 1, 2013. Orthomed did not appear at the conference and did not claim it had paid the fee, instead arguing that defendant's failure to serve documents and engage in settlement negotiations excused payment. The Appeals Board granted reconsideration to study the issues, then affirmed the dismissal. The Board held that the activation fee must be paid before the scheduled start time of the lien conference, that a defendant's breach of duties does not excuse the fee obligation, and that no notice of intention is required before dismissing a lien for nonpayment.