2nd DCA Won't Enjoin Collection of Lien Filing Fees, Asked to Rule on Constitution

A trial judge made the right call when he refused to issue an injunction to bar the Workers' Compensation Appeals Board from collecting the lien fees imposed by SB 863, the California 2nd District Court of Appeal ruled, in a decision that will likely drag out a constitutional challenge to the lien fees for several more months. If the lien fee provisions are unconstitutional, as Dr. Robin Chorn contends, the 2nd DCA in its ruling Wednesday said that an appellate court or the Supreme Court – not a trial judge – must make the decision. Chorn has already filed a petition for writ...