Chapter 4.5. Division of Workers' Compensation
Subchapter 1.8.5. Electronic Adjudication Management System Rules
Article 6. Initial Lien Filing and Lien Activation Fees

§10207. Initial Lien Filing Fees.

(a) Lien claims enumerated below shall be filed with the Workers' Compensation Appeals Board in writing or electronically upon a form approved by the Workers' Compensation Appeals Board. The lien shall be accompanied by a proof of service and any other documents required by the appeals board.

(1) Reasonable attorney's fees (Labor Code section 4903(a)).

(2) Living expense liens (Labor Code 4903(c)).

(3) Burial expense liens (Labor Code 4903(d)).

(4) Spousal and child support liens (Labor Code 4903(e)).

(5) Employment Development Department liens (Labor Code sections 4903, subdivisions (f), (g), and (h).

(6) Victims of Crime liens (Labor Code section 4903(i)).

(b) On or after January 1, 2013, any initial section 4903(b) lien or claim of costs filed as a lien shall be filed electronically using a form approved by the appeals board. The lien shall be accompanied by a proof of service and any other documents required by the appeals board.

(c) Every lien claimant, except those lien claimants listed in paragraph (1), which files an initial lien for medical costs pursuant to Labor Code section 4903(b), shall be responsible for payment of the initial lien filing fee required of providers by Labor Code section 4903.05 and as set forth in subdivision (d).

(1) The following lien claimants are exempted from the payment of the initial lien filing fee requirements under this section:

(A) A health care service plan licensed pursuant to section 1349 of the Health and Safety Code.

(B) A group disability insurer under a policy issued in this state pursuant to the provisions of Section 10270.5 of the Insurance Code.

(C) A self-insured employee welfare benefit plan, as defined in section 10121 of the Insurance Code issued in this state.

(D) A Taft-Hartley health and welfare fund.

(E) A publicly funded program providing medical benefits on a nonindustrial basis.

(2) The following lien claimants or parties are not required to pay the initial lien filing fee under this section as their liens are not liens for medical costs pursuant to Labor Code section 4903(b).

(A) Reasonable attorney's fees (Labor Code section 4903(a)).

(B) Living expense liens (Labor Code 4903(c)).

(C) Burial expense liens (Labor Code 4903(d)).

(D) Spousal and child support liens (Labor Code 4903(e)).

(E) Employment Development Department liens (Labor Code section 4903, subdivisions (f), (g), and (h)).

(F) Victims of Crime liens (Labor Code section 4903(i)).

(G) A defendant filing a Declaration of Readiness to Proceed on a lien claim.

(H) A party who is not a lien claimant.

(I) Companion case pursuant to subdivision (d) of this section.

(d) Except for liens that are exempt pursuant to Labor Code section 4903.06(b), prior to or at the filing of a section 4903(b) lien, the lien claimant shall submit a filing fee in the amount of one hundred fifty dollars ($150) to the Division of Workers' Compensation, using a form approved by the appeals board. The $150 fee is payment for the filing of a lien. A filing fee is required for each case in which the lien is filed; however, where one or more liens or one or more costs filed as a lien is filed in more than one case involving the same injured worker and same service or services by the same lien claimant, only one filing fee needs to be paid.

(1) The filing fee shall be collected by the Administrative Director and made electronically consistent with the following filing procedures:

(A) E-Forms filers shall pay the initial lien filing fee following the procedures set forth in the EAMS E-Form Filing Reference Guide.

(B) JET Filers shall pay the initial lien filing fee following the procedures set forth in the EAMS JET File Business Rules and Technical Specifications, Version 4.1.

(e) If the initial section 4903(b) lien filing fee has been previously paid, the lien claimant shall submit written documentation of confirmation of payment when filing the Declaration of Readiness to Proceed for a lien conference.

(f) When filing an initial lien, a lien claimant that claims that a filing fee is not required or that a lien filed under Labor Code section 4903(b) is exempt from the filing fee shall so indicate that status on the lien form.

(g) If no application exists for the employee at the time of the initial section 4903(b) lien filing, the lien claimant shall file any necessary application(s) and duty to investigate verification pursuant to section 10770.5. In such cases, the ADJ case number shall be assigned by the Workers' Compensation Appeals Board. The lien claimant will receive a Notice of Application assigning a case number. The lien claimant may thereafter file the initial lien claim or claim of cost filed as a lien accompanied with the filing fee required by Labor Code section 4903.05 or confirmation of payment.

(h) For an initial section 4903(b) lien that is not exempt pursuant to Labor Code section 4903.06(b) confirmation of payment shall be filed with the Declaration of Readiness to Proceed for a lien conference.

(i) The claims of two or more providers of goods or services shall not be merged into a single section 4903(b) lien.

(j) When a lien claimant files liens or claims of costs filed as a lien in more than one case at the same time, the filing fee or fees may be paid in a single transaction following the instructions set forth in the EAMS E-Form Filing Reference Guide or the EAMS JET File Business Rules and Technical Specifications, Version 4.1.

(k) A section 4903(b) lien or claims of costs filed as a lien submitted for filing on or after January 1, 2013 that does not comply with the requirements of this section shall be invalid, even if lodged with the Workers' Compensation Appeals Board, and shall not operate to preserve or toll any time limit for filing of the lien.

(l) Any section 4903(b) lien or claims of costs filed as a lien filed for goods or services that are not the proper subject of a lien may be dismissed upon request of a party by verified petition or on the appeals board's own motion. If the section 4903(b) lien or claim of costs filed as a lien is dismissed, the lien claimant will not be entitled to reimbursement of the filing fee.

(m) Unless exempt pursuant to Labor Code section 4903.06(b), no initial section 4903(b) lien or claim of costs filed as a lien shall be accepted for filing on or after the effective date of these regulations unless accompanied by full payment for the filing fee required by Labor Code section 4903.05. Until receipt of proper payment or confirmation of payment, the lien shall not be deemed to have been received or filed for any purpose.

(n) When the attorney for the employee or dependent or any assignee of the lien claimant files the initial section 4903(b) lien, that filing shall be deemed to have been made by an agent for the medical provider and payment of the filing fee required by Labor Code section 4903.05 shall be required of the filing party as if the lien had been filed directly by the lien claimant.

Note: Authority cited: Sections 111, 133, 4903.05 and 5307.3, Labor Code. Reference: Sections 126, 4903 and 4903.05, Labor Code; Section 1349, Health and Safety Code; and Sections 10121 and 10270.5, Insurance Code.

HISTORY

1. New article 6 (sections 10207-10208) and 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 article 6 (sections 10207-10208) and 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 article 6 (sections 102010-10208) and 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), (b), (d), (d)(1)(B), (g)-(h), (j)-(k) and (n), 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).