SB 863 has had a very significant impact on the way that cases are being handled. Here is a quick breakdown of some of what has happened:
- Lien claimants have to pay a fee to the WCAB or they will be dismissed.
- Initially courts were reluctant to dismiss lien claims that had been filed but for which fees had not been paid. Then judges were mandated to do so.
- The first couple of months after the mandatory dismissal rule was in place, there was "lien carnage" - i.e. significant numbers of lien claimants not paying the fee.
- Now we are seeing that lien claimants are more aware of this and are paying the day before, or right up until the actual time of a conference.