Newsline No. 60-12  
November 30, 2012  
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DWC posts draft SB 863 regulations to implement the lien filing fee

The Division of Workers’ Compensation has posted to its online forum draft regulations implementing Senate Bill 863’s mandate to establish a lien filing fee.

A filing fee of $150 will now be required for certain liens filed after Jan. 1, 2013: (1) most liens filed for medical treatment services, and (2) any claims for costs that are filed as liens (for example, hearing-related interpreter services). 

For those liens filed prior to Jan. 1, 2013, a $100 activation fee will be required for the same two types of liens described above. This activation fee will be required to be paid at the time a lien claimant files a declaration of readiness or appears at a lien conference. The regulations specify which liens are subject to the activation and filing fees and define “claims for costs.” Because SB 863 also requires any lien claim for medical treatment services or for claims of costs that are filed as liens to be filed electronically, the draft regulations incorporate the E-file Reference Guide, the JET File Business Rules and Technical Specifications, the E-Forms Agreement and the JET File Agreement.

The forum can be found by clicking the “current forums” link on the top of the DWC forums page.

Comments will be accepted at the forum through Dec. 7, 2012. Please feel free to participate in this important process

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