Lien Claimants Are Getting Issued “Notice of Intention To Dismiss Lien Claim” For Failure to Appear At Hearings Other Then Lien
Hearings.
March 25, 2009
by Richard J Boggan JD
I have been receiving at lest three to four requests a week in the last two months from different medical providers (Lien Claimants)
who have received a “Notice of Intention To Dismiss Lien Claim” for failure to appear at various hearings, other then Lien
Conferences and or Lien Trials who have requested a drafted response.
8 CCR 10240 ( set forth in full at end of this article) puts forth the requirements for necessary and unnecessary appearances by Lien
Claimants. The regulation was adopted to allow the necessary parties to appear at the proceedings, and to prevent unnecessary
appearances on the part of the Lien Claimants.
The question most asked by Lien Claimants is how to know when their lien will be at issue if the amount of their lien is under
$25,000.00 other then a Lien Conference and or Lien Trial. One method would be to look at the hearing notices more closely, at the
bottom of the notice it should say the nature and type of hearing and parties required to attend. Most Lien Claimants calendar their
appearance via edex, notification which may or may not have adapted to the new rules showing the nature of hearing and those
required to attend, other then stating “Lien Conference’ and or “Lien Trials”.
Lien claimants have in the past limited their appearance to Lien Conferences and or Lien Trials to reduce the expense of going to
hearings that may not produce settlements.. With the adoption of the new regulation more attention by Lien Claimants have to be
made as to whether their appearance is necessary or whether a non-appearance letter with a representative available by phone would
be sufficient.
Rules of thumb
1. If over $25,000.00 appear at hearings unless notice expressly says lien claimants need not appear
2. When in doubt appear at a hearing.
3. If cannot appear and appearance is not expressly required send a letter of non-appearance with a phone number of someone
with settlement authority.
4. If cannot appear and appearance is required call the opposing parties and notify the Judge.
5. Learn which Courts require Lien Claimants at all Trials and or MSCs.
6. Respond to “Notice to Dismiss Lien Claims” for non-appearances immediately.
8 CCR 10240 (2009)
§ 10240. Appearances Required
(a) All parties and lien claimants shall appear at all hearings, except as provided below:
(1) Where injury arising out of and in the course of employment is at issue, lien claimants not defined as a party under subdivision
10210(y)(3) shall not be required to appear at the mandatory settlement conference or trial, unless otherwise ordered by the workers'
compensation administrative law judge.
(2) Where liability for the claim has been accepted, lien claimants not defined as a party under subdivision 10210(y)(3), with a lien
claim of $ 25,000 or more, shall appear or have a representative appear at the mandatory settlement conference or lien conference,
unless the appearance is excused by the workers' compensation administrative law judge.
(3) Lien claimants not defined as a party under subdivision 10210(y)(3) with liens of less than $ 25,000 shall be available by
telephone with settlement authority and shall notify defendant(s) of the telephone number at which the defendant may reach the lien
claimants during the mandatory settlement conference or lien conference. The workers' compensation administrative law judge may
order the appearance of lien claimants not defined as a party under subdivision 10210(y)(3), with liens of less than $ 25,000 at a
mandatory settlement conference or lien conference.
(4) All lien claimants shall appear at trial at which their lien(s) is an issue to be decided.
(b) All parties shall have a person available with settlement authority at the mandatory settlement conference or lien conference. The
person with settlement authority need not be present if an attorney or representative who is present at these proceedings can obtain
immediate authority by telephone.
(c) Unless the notice otherwise provides, the applicant shall be present at a mandatory settlement conference as provided in Labor
Code section 5502, subd. (e).
(d) Appearance at a hearing not covered under this section shall be at the discretion of the workers' compensation administrative law
judge.
Hearings.
March 25, 2009
by Richard J Boggan JD
I have been receiving at lest three to four requests a week in the last two months from different medical providers (Lien Claimants)
who have received a “Notice of Intention To Dismiss Lien Claim” for failure to appear at various hearings, other then Lien
Conferences and or Lien Trials who have requested a drafted response.
8 CCR 10240 ( set forth in full at end of this article) puts forth the requirements for necessary and unnecessary appearances by Lien
Claimants. The regulation was adopted to allow the necessary parties to appear at the proceedings, and to prevent unnecessary
appearances on the part of the Lien Claimants.
The question most asked by Lien Claimants is how to know when their lien will be at issue if the amount of their lien is under
$25,000.00 other then a Lien Conference and or Lien Trial. One method would be to look at the hearing notices more closely, at the
bottom of the notice it should say the nature and type of hearing and parties required to attend. Most Lien Claimants calendar their
appearance via edex, notification which may or may not have adapted to the new rules showing the nature of hearing and those
required to attend, other then stating “Lien Conference’ and or “Lien Trials”.
Lien claimants have in the past limited their appearance to Lien Conferences and or Lien Trials to reduce the expense of going to
hearings that may not produce settlements.. With the adoption of the new regulation more attention by Lien Claimants have to be
made as to whether their appearance is necessary or whether a non-appearance letter with a representative available by phone would
be sufficient.
Rules of thumb
1. If over $25,000.00 appear at hearings unless notice expressly says lien claimants need not appear
2. When in doubt appear at a hearing.
3. If cannot appear and appearance is not expressly required send a letter of non-appearance with a phone number of someone
with settlement authority.
4. If cannot appear and appearance is required call the opposing parties and notify the Judge.
5. Learn which Courts require Lien Claimants at all Trials and or MSCs.
6. Respond to “Notice to Dismiss Lien Claims” for non-appearances immediately.
8 CCR 10240 (2009)
§ 10240. Appearances Required
(a) All parties and lien claimants shall appear at all hearings, except as provided below:
(1) Where injury arising out of and in the course of employment is at issue, lien claimants not defined as a party under subdivision
10210(y)(3) shall not be required to appear at the mandatory settlement conference or trial, unless otherwise ordered by the workers'
compensation administrative law judge.
(2) Where liability for the claim has been accepted, lien claimants not defined as a party under subdivision 10210(y)(3), with a lien
claim of $ 25,000 or more, shall appear or have a representative appear at the mandatory settlement conference or lien conference,
unless the appearance is excused by the workers' compensation administrative law judge.
(3) Lien claimants not defined as a party under subdivision 10210(y)(3) with liens of less than $ 25,000 shall be available by
telephone with settlement authority and shall notify defendant(s) of the telephone number at which the defendant may reach the lien
claimants during the mandatory settlement conference or lien conference. The workers' compensation administrative law judge may
order the appearance of lien claimants not defined as a party under subdivision 10210(y)(3), with liens of less than $ 25,000 at a
mandatory settlement conference or lien conference.
(4) All lien claimants shall appear at trial at which their lien(s) is an issue to be decided.
(b) All parties shall have a person available with settlement authority at the mandatory settlement conference or lien conference. The
person with settlement authority need not be present if an attorney or representative who is present at these proceedings can obtain
immediate authority by telephone.
(c) Unless the notice otherwise provides, the applicant shall be present at a mandatory settlement conference as provided in Labor
Code section 5502, subd. (e).
(d) Appearance at a hearing not covered under this section shall be at the discretion of the workers' compensation administrative law
judge.
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