Angelotti Chiropractic, Mooney and Shamsbod Chiropractic, Christina-Arana and Associates, Joyce Altman Interpreters, Scandoc Imaging and Buena Vista Medical Services filed a lawsuit last July in the United States District Court contesting the constitutionality of certain provisions of SB 863, and seeking to avoid payment of millions of dollars in lien activation fees before the end of 2013. Last week a federal judge issued a preliminary injunction that restrains the DWC from imposing the activation fee not only on these named plaintiffs, but on all other lien claimants state wide.  The injunction will continue until further order of court or an order by a higher court as a result of a successful appeal. .

As a result of this inunction, the DWC has made this public announcement.

“In compliance with a ruling issued Tuesday by the U.S. District Court for the Central District of California in the matter of Angelotti Chiropractic, Inc., et al. v. Baker, et al., the Division of Workers’ Compensation will no longer collect lien activation fees as of November 19.

Lien claimants whose liens were subject to the activation fee requirement will not be required to pay the $100 fee in order to appear at a hearing or file a Declaration of Readiness to Proceed (DOR) regarding a lien.

DWC is reconfiguring its computer systems to facilitate the filing of DORs on lien claims. The fee for filing liens remains in effect. Only the lien activation fee is affected by U.S. Judge George H. Wu’s ruling.

Further updates on changes will be posted on the DWC SB 863 pages.”