The Division of Workers’ Compensation officially announced it will reinstate statutorily required lien activation fees that have been enjoined by the U.S. District Court for the past two years on Monday, November 9.
The Ninth Circuit United States Court of Appeals upheld the constitutionality of the lien activation fees on June 29, 2015. The Court denied the plaintiff’s Petition for Rehearing on October 18, 2015 and sent the case back to Judge Wu to vacate the preliminary injunction and dismiss the case.
On November 3, 2015, Judge George Wu issued an order vacating the preliminary injunction and permitting lien claimants to pay activation fees required by Labor Code § 4903.06 from 8 a.m. on November 9 until December 31, 2015.
The DIR said it will restore the electronic lien activation fee payment system through JET File and the EAMS Public Information Search. To do this both EAMS and Public Search will be offline starting in the late afternoon of November 6, 2015 and restored on November 9, 2015 at 8 a.m.
If, between November 9, 2015 and December 31, 2015, the lien activation payment system becomes non-operational for six or more hours in a 24-hour period, the deadline will be extended by one calendar day for each day of non-operation.