What the panel ordered
Rescinded April 5, 2013 significant panel decision; affirmed dismissal of Orthomed LLC lien claim with prejudice
Appeals Board granted reconsideration of prior significant panel decision and reassigned case for en banc decision
This docket was decided more than once. Shown here is the latest released decision; we also hold April 5, 2013.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The en banc decision holds that the lien activation fee must be paid prior to the commencement of a lien conference, failure to pay or provide proof mandates dismissal with prejudice, and no notice of intention is required before dismissal.
From the decision · page 211 lien claim falls within the lien activation fee requirements of section 4903.06:
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.