California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
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
Section 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.

(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).

(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.

(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.