When an applicant files several Applications for separate dates of injury involving the same body part, many times a physician will treat the body part and list each ADJ associated with that part on the report. When liens are filed however, is the lien claimant responsible for filing the lien with activation fee for each ADJ?

According to Hinks v. Pavlo Weinberg/SCIF (2013) ADJ 2499103 and ADJ 3239580, a single lien filing fee in just one case is sufficient.

In Hinks, applicant sustained multiple industrial injuries. One of the claims was dismissed by the parties. However, lien claimant filed and activated their lien under the dismissed claim. The lien claimant argued that its lien and activation fee also applied to the remaining active claims. The WCJ disagreed and dismissed lien claimant’s lien for non-payment of the $100 activation fee in the other claims. The lien claimant sought reconsideration.

The WCAB focused on Rule 10208(a) and concluded that a lien claimant is required to pay an activation fee only once when there are several claims involving the same applicant, the same body part, and the same services by the same lien claimant. The WCAB recognized that one applicant may have several different dates of injury to the same and/or related body parts. Because separate injuries are based on date of injury, multiple ADJ numbers for the same body part may exist. For the purposes of lien activation, payment of the activation fee in one case is equal to filing a lien in all cases claimed by the injured worker for the same body part.