Answers to frequently asked questions about lien filing and activation fees
Topics covered in this FAQ include:
The basics
Filing an initial lien and paying the filing fee
Paying the lien activation fee
About the basics
Q. Who has to pay lien filing fees?
A. On or after Jan. 1, 2013, any initial lien for reasonable medical expenses incurred by or on behalf of the injured employee except disputes subject to independent medical review (IMR) or independent bill review (IBR) is required to pay an initial lien filing fee of $150.00.
An initial lien for medical treatment expenses includes transportation services, copy services and interpreter services incurred in connection with medical treatment.
Q. Are any medical treatment expenses incurred by or on behalf of the injured employee exempt from the lien filing fee?
A. Yes. Any medical treatment expense lien filed by the following are exempt from the lien filing fee:
- A Health care service plan under Health and Safety Code section 1349
- A Group disability insurer under Insurance Code, section 10270.5
- A Self-insured employee welfare benefit plan under Insurance Code section 10121
- A Taft-Hartley health and welfare fund
- A Publicly funded program providing medical benefits on a nonindustrial basis.
Q. Are non-medical treatment lien claims required to pay lien filing fees?
A. No. The following types of liens do not have to pay the initial lien filing fee:
- Attorney fees
- Living expenses
- Burial expenses
- Spousal and child support expenses
- Employment Development Department liens
- Victims of Crime liens
About filing an initial lienand paying the filing fee
Q. How much is the initial lien filing fee?
A. The fee for filing an initial lien is $150.00.
Q. How do I file an initial lien for medical treatment expenses and pay the lien filing fee?
A. All initial medical treatment lien claims subject to the lien filing fee must be filed electronically by one of two methods: E-Form or Jet File.
- To file by E-Form follow the procedures in the EAMS E-Form Filing Reference Guide.
- To assist with paying the lien fee use the step by step instructions
- To file by Jet File follow the procedures in the EAMS JET file Business Rules and Technical Specifications.
Q. Can I still use the paper OCR form to file a lien claim?
A. The paper OCR lien form can still be used to file a lien on or after Jan. 1, 2013 if the lien is a non-medical treatment expense lien or it is exempt from payment of the lien filing fee.
Q. Am I required to pay the initial lien filing fee for the same medical treatment expense in each case filed by the injured employee?
A. No. If the same medical treatment expense claim by the same provider is filed in two or more cases by the same injured employee, only one lien filing fee of $150.00 is required to be paid.
Q. Are there any consequences if I fail to pay the initial lien filing fee?
A. Yes. Failure to pay the initial lien filing fee will result in an invalid lien which will not be considered filed.
Q. How do I prove that I paid the lien filing fee?
A. Print and save the confirmation of payment you receive when you pay the lien filing fee. Proof of payment of the lien filing fee can be confirmed through the public search tool on the DWC website.
About paying the lien activation fee
Q. What is the lien activation fee?A. The lien activation fee is a $100.00 fee that must be paid for medical treatment expense lien claims filed prior to Jan. 1, 2013, prior to filing a Declaration of Readiness to Proceed (DOR) to request a lien conference or prior to appearing at a lien conference on or before Jan. 1, 2014.
- Only one $100.00 lien activation fee is required to be paid if the same medical treatment expense lien claim by the same provider is filed in two or more cases filed by the same injured employee
- Lien claimants of lien cases that were consolidated prior to Jan. 1, 2013 are subject to one $100.00 lien activation fee for each injured employee.
Q. Are any liens exempt from the lien activation fee?
A. Yes. The following liens are exempt from paying or do not have to pay the lien activation fee.
Lien claims filed by:
- A health care service plan pursuant to Health and Safety Code, section 1349
- A group disability insurer pursuant to Insurance Code, section 10270.5
- A self-insured employee welfare benefit plan, pursuant to Insurance Code, section 10121
- A Taft-Hartley health and welfare fund
- A publicly funded program providing medical benefits on a nonindustrial basis
- The Employment Development Department
- The Victims of Crime program
- A lien claimant with proof of payment of the $100.00 lien filing fee required by form Labor Code, section 4903.5 (Chapter 639 of the Statutes of 2003), if the filing fee was not reimbursed to the lien claimant
Lien claims for:
- Reasonable attorney fees
- Living expenses
- Burial expenses
- Spousal and child support expenses
Q. How do I activate a lien and pay the fee?
A. A $100.00 lien activation fee must be paid for any medical treatment expense lien filed prior to Jan. 1, 2013 in the following situations:
- A lien claimant files a DOR for a lien conference
- On or before a lien conference if the lien claimant did not file a DOR
To activate and pay for a lien by E-form or JET File use the step-by-step instructions.
*All liens will be dismissed as a matter of law if the activation fee is not paid by Jan. 1, 2014.
Q. Are there consequences if the lien activation fee is not paid?
A. Yes. If the $100.00 lien activation fee is not paid by Jan. 1, 2014, the lien claim is dismissed as a matter of law.
May 2013