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Activation Fee Paid 6 Days Late Justified Dismissal of Lien: Cal. Comp. Cases July Advanced Postings (7/23/2013)

July 24, 2013 (1 min read)

Here’s the fifth batch of advanced postings for the July 2013 issue of Cal. Comp. Cases. and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries.

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Innovative Orthopedic Solutions, Petitioner v. Workers' Compensation Appeals Board, Target Corporation, PSI, administered by Sedgwick Claims Management Services, Inc., (Sharon Meyer), Respondents, 2013 Cal. Wrk. Comp. LEXIS 118 (, 2013 Cal. Wrk. Comp. LEXIS 118 (Lexis Advance)

Liens—Filing and Activation Fees—WCAB upheld WCJ’s order dismissing lien in connection with applicant’s claim for industrial injuries to her head, upper extremities, shoulder, nervous system (stress), and body systems, for failure to file appropriate lien activation fee prior to 1/2/2013 lien conference, when WCAB found that, under Labor Code § 4903.06(a)(4) and 8 Cal. Code Reg. § 10208(a), effective 1/1/2013, lien claimant, who filed lien claim prior to 1/1/2013, was required either to pay $100 lien activation fee with its declaration of readiness or to submit proof of payment of fee at 1/2/2013 lien conference, and that lien claimant’s failure to pay activation fee until six days after lien conference justified dismissal of lien under Labor Code § 4903.06(a)(4).

Cemex, Inc., administered by Gallagher Bassett Services, Inc., Petitioners v. Workers' Compensation Appeals Board, William Burdine, Respondents, 2013 Cal. Wrk. Comp. LEXIS 117 (, 2013 Cal. Wrk. Comp. LEXIS 117 (Lexis Advance)

Permanent Disability—Rating—Apportionment—WCAB awarded applicant heavy equipment operator 100 percent permanent total disability, without apportionment, for cumulative trauma injury AOE/COE to applicant’s neck, back, upper extremities, left thumb, and psyche, based on ...