Dismiss Lien - Can we refile (California) (California)

The filing and enforcement of liens (different states refer to these with different terms) to secure payment for services or goods against a workers' compensation award is complex and filled with special rules - this category is for questions and discussion of this special area of work comp law.

Dismiss Lien - Can we refile (California) (California)

Postby prxn414 on Wed Aug 28, 2013 3:54 pm

Our lien was dismissed for failure to pay activation fee and we did not attend the last lien conference (clerical errors). Another lien conference is set. Are we precluded from refiling our lien and paying then $150 or will we be torn to shreds if we do so? Thanks for the help.
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Re: Dismiss Lien - Can we refile (California) (California)

Postby jonbrissman on Wed Aug 28, 2013 6:40 pm

Your lien was dismissed with prejudice, meaning it cannot be refiled. LC 4903.06(a)(4).

Your only remedy is to file a petition for reconsideration in which you challenge the dismissal. The WCAB has ruled on dozens of such petitions and nearly all of them were denied. Unless you can craft a novel argument about why your clerical error should be excused, just close the account, write it off, and learn from the experience.

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