The Division of Workers’ Compensation has posted a 15-day notice of modification to the electronic document filing and lien filing fee rules to the DWC website. Members of the public are invited to present written comments regarding the proposed modifications to dwcrules@dir.ca.gov until 5 p.m. on September 11.

The proposed modifications include:revisions to the definitions of the terms “cost,” “party,” and “section 4903(b) lien” Revisions also add a new section that sets forth when lien filing or activation fee refunds will automatically take place and provides a procedure for requesting lien fee refunds. This new provision states that lien filing and or lien activation fees will automatically be refunded when (1) a payment was not processed due to a system error; (2) the fee was previously paid or the lien is not available for activation; (3) an improper amount is paid; or (4) a lien filing fee is properly paid, but due to a procedural defect in the filing of the lien, the filing is not effective and the filer was not able to re-file and cure the defect with 15 days. Iif the automatic refund is not issued, the Lien Filing Fee Refund Request form must be submitted with any required documentary proof. A refund will only be provided upon a showing of good cause. The bases for good cause are stated.
Finally there are new revisions to the EAMS reference guide and instructional manual and the JET File Business Rules and Technical Specifications.

The notice, text of the regulations, and forms can be found on the proposed regulations page.