California EAMS: Proposed Changes to the WCAB Rules of Practice and Procedure - Dealing With Lien Claims

California EAMS: Proposed Changes to the WCAB Rules of Practice and Procedure - Dealing With Lien Claims

Lien claim procedures have always been a hot topic for workers’ compensation practitioners. Back in March, we issued a blog discussing the revisions to lien claim procedures in this new era of EAMS. Several regulations were discussed, including 8 CCR §10210[y] and §10770 which set forth procedures for enforcement of lien claims and 8 CCR §10770.5 and §10770.6 which deals with the new verification requirements.

In an effort to expedite the lien claim process even further, the WCAB intends to amend its Rules of Practice and Procedure, pending public comment on or before Sept. 8, 2011.

Two new sections are being proposed, §10582.5 and §10770.1. Reg §10582.5 sets forth the procedure for dismissal of lien claims for lack of prosecution. Reg §10770.1 clarifies the perimeters of the lien conference process, which is similar to a mandatory settlement conference, as opposed to a lien trial.

In addition, a proposed amendment to §10770 has been drafted to clarify filing and service requirements for lien claimants.

The proposed changes to the WCAB Rules of Practice and Procedure can be found on the DIR website at:

http://www.dir.ca.gov/wcab/WCABPropRegsJul2011.htm

In addition, there will be a public hearing on Sept. 8, 2011 from 10 a.m. to 5 p.m. to entertain any comments by the community on these proposals. Anyone interested may attend the hearing at:

Hiram Johnson State Office Building 
Santa Barbara Room, Basement Level
455 Golden Gate Avenue
San Francisco, CA 94102

Anyone who prefers to submit written comments on these new regulations may do on or before 5 p.m. on Thursday, Sept. 8, 2011. Comments may be emailed, mailed or personally delivered to:

Neil P. Sullivan, Assistant Secretary and Deputy Commissioner
Workers’ Compensation Appeals Board 
P.O. Box 429459
San Francisco, CA 94142-9459

e-mail is: WCABRules@dir.ca.gov.

This blog has been approved by the California Division of Workers' Compensation.

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