Section 4903.06 Of Chapter 1. Payment And Assignment From California Labor Code >> Division 4. >> Part 3. >> Chapter 1.
4903.06
. (a) Any lien filed pursuant to subdivision (b) of Section
4903 prior to January 1, 2013, and any cost that was filed as a lien
prior to January 1, 2013, shall be subject to a lien activation fee
unless the lien claimant provides proof of having paid a filing fee
as previously required by former Section 4903.05 as added by Chapter
639 of the Statutes of 2003.
(1) The lien claimant shall pay a lien activation fee of one
hundred dollars ($100) to the Division of Workers' Compensation on or
before January 1, 2014. 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) The lien claimant shall include proof of payment of the filing
fee or lien activation fee with the declaration of readiness to
proceed.
(3) The lien activation 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. The administrative director shall adopt
reasonable rules and regulations governing the procedure for the
collection of the lien activation fee and to implement this section,
including emergency regulations, as necessary.
(4) All lien claimants that did not file the declaration of
readiness to proceed and that remain a lien claimant of record at the
time of a lien conference shall submit proof of payment of the
activation fee at the lien conference. If the fee has not been paid
or no proof of payment is available, the lien shall be dismissed with
prejudice.
(5) Any lien filed pursuant to subdivision (b) of Section 4903
prior to January 1, 2013, and any cost that was filed as a lien prior
to January 1, 2013, for which the filing fee or lien activation fee
has not been paid by January 1, 2014, is dismissed by operation of
law.
(b) This section shall not apply to any 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.