Lien Activation Fees: Ninth DCA Denies Petition for Rehearing in Angelotti v. WCAB

In a victory for workers’ compensation payers, the Ninth Circuit Court of Appeals today denied the plaintiffs’ Petition for Rehearing in in Angelotti v. Baker. Federal District Court Judge George Wu has scheduled a status conference on the issue of lien activation fees for November 2, after which he may enter an order lifting the preliminary injunction against those fees, which were mandated by SB 863.  

The status of liens for which the activation fee was not paid prior to the imposition of the injunction in November 2013 remains unclear, but Judge Wu may give lien claimants a limited amount of time to pay the $100 per lien activation fee, after which unactivated liens would be dismissed by operation of law. The Institute will continue to keep you apprised. Stay tuned.

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