Section 4903.05 Of Chapter 1. Payment And Assignment From California Labor Code >> Division 4. >> Part 3. >> Chapter 1.
4903.05
. (a) Every lien claimant shall file its lien with the
appeals board in writing upon a form approved by the appeals board.
The lien shall be accompanied by a full statement or itemized voucher
supporting the lien and justifying the right to reimbursement and
proof of service upon the injured worker or, if deceased, upon the
worker's dependents, the employer, the insurer, and the respective
attorneys or other agents of record. Medical records shall be filed
only if they are relevant to the issues being raised by the lien.
(b) Any lien claim for expenses under subdivision (b) of Section
4903 or for claims of costs shall be filed with the appeals board
electronically using the form approved by the appeals board. The lien
shall be accompanied by a proof of service and any other documents
that may be required by the appeals board. The service requirements
for Section 4603.2 are not modified by this section.
(c) All liens filed on or after January 1, 2013, for expenses
under subdivision (b) of Section 4903 or for claims of costs shall be
subject to a filing fee as provided by this subdivision.
(1) The lien claimant shall pay a filing fee of one hundred fifty
dollars ($150) to the Division of Workers' Compensation prior to
filing a lien and shall include proof that the filing fee has been
paid. The fee shall be collected through an electronic payment system
that accepts major credit cards and any additional forms of
electronic payment selected by the administrative director. If the
administrative director contracts with a service provider for the
processing of electronic payments, any processing fee shall be
absorbed by the division and not added to the fee charged to the lien
filer.
(2) On or after January 1, 2013, a lien submitted for filing that
does not comply with paragraph (1) shall be invalid, even if lodged
with the appeals board, and shall not operate to preserve or extend
any time limit for filing of the lien.
(3) The claims of two or more providers of goods or services shall
not be merged into a single lien.
(4) The filing fee shall be collected by the administrative
director. All fees shall be deposited in the Workers' Compensation
Administration Revolving Fund and applied for the purposes of that
fund.
(5) The administrative director shall adopt reasonable rules and
regulations governing the procedure for the collection of the filing
fee, including emergency regulations as necessary to implement this
section.
(6) Any 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 lien
is dismissed, the lien claimant will not be entitled to reimbursement
of the filing fee.
(7) No filing fee shall be required for a lien filed by a health
care service plan licensed pursuant to Section 1349 of the Health and
Safety Code, a group disability insurer under a policy issued in
this state pursuant to the provisions of Section 10270.5 of the
Insurance Code, a self-insured employee welfare benefit plan, as
defined in Section 10121 of the Insurance Code, that is issued in
this state, a Taft-Hartley health and welfare fund, or a publicly
funded program providing medical benefits on a nonindustrial basis.