What the panel ordered
Rescinded April 5, 2013 significant panel decision; affirmed dismissal of Orthomed LLC lien claim with prejudice
Appeals Board granted reconsideration of prior significant panel decision and reassigned case for en banc decision
This docket was decided more than once. Shown here is the latest released decision; we also hold April 5, 2013.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The en banc decision holds that the lien activation fee must be paid prior to the commencement of a lien conference, failure to pay or provide proof mandates dismissal with prejudice, and no notice of intention is required before dismissal.
From the decision · page 211 lien claim falls within the lien activation fee requirements of section 4903.06:
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Orthomed LLC did not pay the lien activation fee prior to the commencement of the lien conference scheduled for January 9, 2013, at 8:30 a.m.
Favours Defendant prevailed
Failure to pay the lien activation fee prior to the commencement of the lien conference mandates dismissal of the lien with prejudice under Labor Code section 4903.06(a)(4).
From the decision · page 36 The lien conference was set for January 9, 2013, at 8:30 a.m. Orthomed did not appear at the
No notice of intention to dismiss the lien was required before dismissal with prejudice for failure to pay the lien activation fee.
Favours Defendant prevailed
Section 4903.06(a)(4) mandates dismissal with prejudice without the necessity of any intervening procedure such as a notice of intention.
From the decision · page 422 Finally, we note that where a lien claimant has failed to pay the lien activation fee or to present
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 4903.06
Lien activation fee must be paid prior to commencement of lien conference; failure to pay or provide proof mandates dismissal with prejudice; no notice of intention required before dismissal
Applied to lien dismissal for failure to pay activation fee
From the decision · page 211 lien claim falls within the lien activation fee requirements of section 4903.06:
Administrative Director Rule 10208(a)
Lien activation fee payable prior to appearing at lien conference or on or before January 1, 2014, whichever occurs first
Interpreted to require payment prior to commencement of lien conference
From the decision · page 46 Administrative Director Rule 10208(a) (Cal. Code Regs., tit. 8, § 10208(a)), which is an
The same issues, filtered across the whole corpus — or paste your own facts and let the search rank by factor match.
About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
- Issues, outcomes and weights were extracted by AI and released only where the source passage checked. Read the official decision before relying on anything here. Not legal advice.
- If you are named in this decision and want this page removed, write to privacy@similarcase.com.