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In one of the first panel decisions issued after the implementation of the $100 lien filing fee, a WCAB panel has dismissed several liens that were activated over two hours after the scheduled lien conference commenced.
Author’s comment: The WCAB panel has relied primarily on a lien activation enabling regulation, 10208, subsection (a) to interpret and apply a broader statutory requirement set forth in Labor Code Section 4903.06(a)(4). Questions regarding the interaction and potential conflict between the statute 4903.06 which requires proof of payment at the conference, and the regulation 10208(a) which requires payment prior to appearing at a lien conference are presented. For the moment, it appears that a conservative lien claimant would pay the activation fee no later than two hours prior to the start of a scheduled hearing. It is noted that at the time of this comment, the WCAB panel decision was not final and subject to appeal.