California Lien Claims in
Workers' Compensation Cases

by Judge Pamela Foust

Effectively and Economically
Resolve Lien Claims

Lien claim law and procedure have grown so complex that procedural error and faulty reasoning can affect outcomes more than the merits. Pitfalls abound and missteps can be costly. Now you can readily learn the law and arguments that support your position with California Lien Claims in Workers’ Compensation Cases.

This plain English guide walks you step-by-step through the law and procedure of lien claims, complete with hypothetical fact patterns, effective arguments, and practical suggestions for resolving disputes short of trial.

Judge Foust provides step-by-step lien procedure instructions for applicants, claimants, and defendants. Detailed, start-to-finish coverage is provided:

Procedure

• Due process

• Filing the lien claim

• Appointment letters

• Service by lien claimants

• Service by parties on claimants

• Notices of hearing

• Due process vs. expeditious hearings

• Dismissal of liens

• Disallowance or denial of lien claims

• Petitions for benefits

• Hearings before the WCAB

• Arbitration of lien disputes

• Priority of payment of lien claims

• Settlement of lien claims

• Provisions of the Policy & Procedural Manual

Discovery

• Permissible discovery

• Lien claimants as parties

• Subpoenas

• Depositions

• Notices to appear or produce

• Enforcement of discovery orders

Trial

• Notice of issues to be decided

• Lien trials

• Lien claimant participation

• in trial of case in chief

• Disputes over service

• Advocacy vs. collection techniques

Twenty-six forms and over 600 case citations support the text. You will find coverage of:

Medical treatment liens

• Injury AOE/COE and other threshold issues

• Medical control

• Qualifications of the provider

• Reasonable medical necessity

• Reasonable value

Medical-legal liens

• Threshold issues

• No contested claim

• No evidentiary value

• Violation of AME/QME procedure

• Qualifications of the provider

• Reasonable value

Attorney’s fees

• Standards for determining the amount of the fee

• Cases of 100% disability

• Calculation of fee to be paid by defendant

• Division between attorneys

Liens for living expenses

• Debts owed to landlords and attorneys

• Liens of EDD and private disability carriers

• Child and spousal support

And more

• Interpreters and other costs of litigation

• Credit and restitution

Included at no extra charge is an intuitive, full-text CD which requires no installation before use. Its database may be searched by key word, case name, topic, or form. In case you don't want to work with the CD's database, the book's ten chapters are also provided in Word and the book's 36 forms are digitally delivered as PDFs.

Updated annually.  Book price: $119.00

B7

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Related Titles:

California Workers' Compensation Law and Practice

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