California Lien Claims in Workers’ Compensation Cases

Description

This publication cites 400 cases, with each one personally read, analyzed, and explained by the authors.

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.

The authors provide 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
• Disputes over service
• Advocacy vs. collection techniques

Thirty-four forms and over 800 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

REVISION 18 HIGHLIGHTS

This edition of California Lien Claims keeps you current with significant decisions and developments including the medical-legal fee schedule that became effective on 4/1/21.

CHAPTER 1 LIEN CLAIMS
• How to Use this Book, §1:03

CHAPTER 2 MEDICAL TREATMENT LIENS
• Discard Thomas waivers, §2:71
• Whether the applicant’s testimony is necessary, §2:80
• Duties of the primary treating physician and secondary physicians, §2:182
• Payment of consulting physicians, §2:211
• Dispute resolution at the WCAB, §2:376
• Uses of official medical fee schedule, §2:390

CHAPTER 3 MEDICAL LEGAL LIENS
• Burden of proof of showing a contested claim, §3:40
• Conflicting case law applying medical-legal requirements to photocopy liens resolved, §3:195
• New medical-legal fee schedule effective 4/1/21, §§3:250-3:268

CHAPTER 5 ATTORNEYS’ FEES
• Deposition fees and fee recovery, §5:91
• Deposition fees for non-attorneys may not be recoverable, §5:92

CHAPTER 6 COSTS
• Procedures for Pursuing Cost Claims, §6:02
• Attorney Pays and then Seeks to Recover, §6:03
• Pre-Trial Cost Claims, §6:04
• Procedures for Pursuing Cost Claims, §6:05
• The Superior Court Rate, §6:40
• Those Liable for Sanctions, §6:102

CHAPTER 7 DISCOVERY & TRIAL
• Streamlining the Process versus Making the Judge Prove the Case, §7:161

CHAPTER 8 LIEN PROCEDURE
• Lien Claimant’s Right to Service of Physician’s Reports, §8:80

CHAPTER 10 ANTI-FRAUD PROVISIONS AFFECTING LIEN RECOVERY AND MEDICAL SERVICE PROVIDERS
• Automatic Stay for Providers Charged with Fraud, §10:50

AND MORE!

ABBREVIATED CONTENTS

CHAPTER 1 LIEN CLAIMS

CHAPTER 2 MEDICAL TREATMENT LIENS

CHAPTER 3 MEDICAL-LEGAL LIENS

CHAPTER 4 LIENS FOR LIVING EXPENSES

CHAPTER 5 ATTORNEYS’ FEES

CHAPTER 6 COSTS

CHAPTER 7 DISCOVERY AND TRIAL

CHAPTER 8 LIEN PROCEDURE

CHAPTER 9 CREDIT AND RESTITUTION

CHAPTER 10 ANTI-FRAUD PROVISIONS AFFECTING LIEN RECOVERY AND MEDICAL SERVICE PROVIDERS

APPENDIX A FORMS

INDEX

ABOUT THE AUTHORS

Judge Roger A. Tolman, Jr. is a graduate of the University of California, Los Angeles and the University of San Diego School of Law. He has been a Workers’ Compensation Judge since 2001. Before becoming a judge, he worked at Mastagni, Holstedt & Chiurazzi representing applicants including state workers, law enforcement personnel, and others. He has worked for both applicant and defense firms and has worked in both southern and northern California. He is also involved in continuing education of judges, especially in regards to use of the Division of Workers Compensation’s EAMS computer system.

Judge Pamela Foust graduated from UCLA with a Bachelor of Arts degree in psychology and earned her law degree from the University of West Los Angeles School of Law where she graduated cum laude. She practiced workers’ compensation law, mainly representing insurance carriers until 1985 when she was appointed a Workers’ Compensation Judge. In December 2009, Judge Foust retired from the bench and joined Zenith Insurance Company as Vice-President Claims Legal. She retired from Zenith in July 2017. Judge Foust has written numerous articles on workers’ compensation issues, particularly on the topic of lien claims and other topics of interest to medical providers and has been a frequent speaker at educational programs.