CA: New Lien Procedures for L.A. District Office Lien Unit

OAKLAND, CA & LOS ANGELES, CA – The California Division of Workers’ Compensation has announced new lien procedures for the Los Angeles District Lien Unit. The new procedures contain the following specifics:

1. Parties to a lien dispute are expected to have completed discovery and exhausted settlement discussions before filing a DOR or coming to court in regard to the lien.

2. On the morning of lien trial, all proposed exhibits must be either in EAMS for electronic filers, or placed in order, OCR compliant, with the proposed exhibit list on tope, on the judge’s desk before 9:30am.

3. At 9:30am the lien unit judge will call the cases and review the stips and issues with the parties, and inform the parties what order the trials will taken.

4. Proposed exhibits which are not placed before the judge by 9:30am may be excluded from evidence.

5. For parties that do not appear, opposing counsel will make one call and if the lien is not resolved by phone before 9:30am, the trial will go forward and the judge will issue a decision resolving all liens of record.

6. Lien judges will listen to parties’ arguments regarding due process, however, absent a showing of due diligence to complete discovery, very few lien hearings will be continued. 

7. The court prefers to receive expert opinion via report rather than oral testimony, therefore, parties are encouraged to submit written expert opinion on the value of services. 

The department is serving notice of hearings with instructions to serve proposed exhibits on opposing party 30 days before trial.

Source: California Division of Workers’ Compensation