1. (a) Any section 4903(b) lien filed prior to January 1, 2013, and any cost filed as a lien prior to January 1, 2013, shall be subject to a lien activation fee in the sum of one hundred dollars ($100.00), payable to the Division of Workers' Compensation. The $100 fee is payment for the activation of a lien. No lien claimant that is required to pay an activation fee shall file a declaration of readiness or participate in any lien conference including obtaining an order allowing its lien in whole or in part, without submitting written proof of prior timely payment of the fee, or without electronic proof of prior timely payment of the fee that is available to the judge and parties at the conference. “Prior timely payment” means payment of the activation fee (1) prior to the filing of a declaration of readiness for a lien claimant filing a declaration of readiness, or (2) prior to an appearance at a lien conference by a lien claimant of record that did not file the declaration of readiness.

   1. (1) The following lien claimants are exempt from the payment of the lien activation fee requirements under this section:

      1. (A) A health care service plan licensed pursuant to section 1349 of the Health and Safety Code.
      2. (B) A group disability insurer under a policy issued in this state pursuant to the provisions of section 10270.5 of the Insurance Code.
      3. (C) A self-insured employee welfare benefit plan, as defined in section 10121 of the Insurance Code issued in this state.
      4. (D) A Taft-Hartley health and welfare fund.
      5. (E) A publicly funded program providing medical benefits on a nonindustrial basis.

   2. (2) The following lien claimants or parties are not required to pay the lien activation fee pursuant to Labor Code section 4903(b):

      1. (A) Reasonable attorney's fees (Labor Code section 4903(a)).
      2. (B) Living expense liens (Labor Code 4903(c)).
      3. (C) Burial expense liens (Labor Code 4903(d)).
      4. (D) Spousal and child support liens (Labor Code 4903(e)).
      5. (E) Employment Development Department liens (Labor Code section 4903, subdivisions (f), (g), and (h)).
      6. (F) Victims of Crime liens (Labor Code section 4903(i)).
      7. (G) A defendant filing a Declaration of Readiness to Proceed on a lien claim.
      8. (H) A party who is not a lien claimant.
      9. (I) A lien claimant provides proof of having paid a filing fee as previously required by former section 4903.05, which required the filing of a payment fee in the amount of $100 when filing an initial medical costs or medical-legal expense lien pursuant to then Labor Code section 4903(b). (Chapter 639 of the Statutes of 2003), if the filing fee has not been reimbursed to the lien claimant.
      10. (J) A companion case pursuant to subdivision (a) of this section.

2. (b) The lien activation fee shall be collected by the Administrative Director and made electronically consistent with the following filing procedures. All fees shall be deposited in the Workers' Compensation Administration Revolving Fund and applied for the purposes of that fund.

   1. (1) E-Forms filers shall pay the lien activation fee following the procedures set forth in the EAMS E-Form Filing Reference Guide.
   2. (2) JET filers shall pay the lien activation fee following the procedures set forth in the EAMS JET File Business Rules and Technical Specifications, Version 4.1.
3. (c) If the activation fee for a section 4903(b) lien filed prior to January 1, 2013 or the cost filed as a lien prior to January 1, 2013 has been previously paid, the lien claimant shall submit confirmation of payment with the Declaration of Readiness to Proceed for a lien conference.
4. (d) All lien claimants that are required to pay an activation fee pursuant to this article that did not file the Declaration of Readiness to Proceed for a lien conference and remain a lien claimant of record at the time of a lien conference or consolidated lien conference shall submit confirmation of payment of the lien activation fee at the lien conference.

Note: Authority cited: Sections 111, 133, 4903.06 and 5307.3, Labor Code. Reference: Sections 126, 4903 and 4903.06, Labor Code; Section 1349, Health and Safety Code; and Sections 10270.5 and 10121, Insurance Code.

History

1. New section filed 12-31-2012 as an emergency; operative 1-1-2013 pursuant to Government Code section 11346.1(d) (Register 2013, No. 1). A Certificate of Compliance must be transmitted to OAL by 7-1-2013 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 6-26-2013 as an emergency; operative 7-1-2013 pursuant to Government Code section 11346.1(d) (Register 2013, No. 26). A Certificate of Compliance must be transmitted to OAL by 9-30-2013 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 9-30-2013 as an emergency; operative 10-1-2013 pursuant to Government Code section 11346.1(d) (Register 2013, No. 40). A Certificate of Compliance must be transmitted to OAL by 12-30-2013 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 9-30-2013 order, including amendment of subsections (a) and (a)(2)(I)-(J), repealer of subsection (b), subsection relettering and amendment of newly designated subsections (b)(1)-(2), transmitted to OAL 11-8-2013 and filed 12-16-2013; amendments effective 12-16-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 51).