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Overpeck Says Plaintiffs Waited too Long to Challenge Lien Fee

By Greg Jones (Senior Editor)

Monday, December 2, 2013 | 6

The acting administrative director of the California Division of Workers’ Compensation said in a court filing last week that a complaint asking the federal court in Los Angeles to declare unconstitutional the $100 lien-activation fee fails to state a claim upon which relief can be granted and is otherwise barred because the plaintiffs waited too long to bring the action.Attorney Mi Kim on Tuesday filed on behalf of Destie Overpeck an answer to the first amended complaint in Angelotti Chiropractic v. Baker identifying six affirmative defenses that not only deny the allegations, but also p...

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