Figueroa v. B.C. Doering Co., 010101 KYWC, ADJ3274228

• Case Date: January 01, 2001
• Court: California

ELIEZER FIGUEROA, Applicant, v. B.C. DOERING CO.; EMPLOYERS COMPENSATION INSURANCE CO., Defendants. Case No. ADJ3274228 (AHM 0120365) California Workers Compensation Decisions Workers’ Compensation Appeals Board State Of California January 1, 2001          OPINION AND DECISION AFTER RECONSIDERATION          On March 25, 2013, we granted the Petition for Reconsideration filed by lien claimant Orthomed LLC (Orthomed) in order to allow sufficient opportunity to further study the factual and legal issues presented. In this case, at a January 9, 2013 lien conference, the workers' compensation administrative law judge (WCJ) dismissed Orthomed's medical treatment lien claim with prejudice based on its failure to pay the lien activation fee required by Labor Code section 4903.06.^l Orthomed contends that defendant's failure to serve required documents and failure to engage in settlement negotiations prior to the lien conference excuses Orthomed from paying the lien activation fee required by section 4903.06.^[1] We hold that, where a lien claim falls within the lien activation fee requirements of section 4903.06:

1. the lien activation fee must be paid prior to the commencement of a lien conference, which is the time that the conference is scheduled to begin, not the time when the case is actually called;

2. if the lien claimant fails to pay the lien activation fee prior to the commencement of a lien conference and/or fails to provide proof of payment at the conference, its lien must be dismissed with prejudice;

3. a breach of the defendant's duty to serve required documents or to engage in settlement negotiations does not excuse a lien claimant's obligation to pay the lien activation fee; and

4. a notice of intention is not required prior to dismissing a lien with prejudice for failure to pay the lien activation fee or failure to present proof of payment of the lien activation fee at a lien conference.

         Applicant, while employed as a machine operator on June 25, 2004, sustained an industrial injury to his back, neck and psyche. On April 15, 2011, the WCJ filed a Findings, Award & Order, awarding benefits. On July 30, 2012, a lien claimant, not...