Notice of Lien- time in which to file (California)

The filing and enforcement of liens (different states refer to these with different terms) to secure payment for services or goods against a workers' compensation award is complex and filled with special rules - this category is for questions and discussion of this special area of work comp law.

Notice of Lien- time in which to file (California)

Postby rosellavera on Fri Nov 26, 2010 6:15 pm

If a DOI ends in 2002, does LC 4903.5(a) still applies? The effective date of this statute is 1/1/03. BTW, the case has not settled and has a trial date in January of 2011. The lien is for reimbursement for benefits paid to the applicant, Not EDD. It involves CIGA. They have not filed its lien for reimbursement. What was the rule prior to 1/1/03? Is LC 4903.5(a) retroactive?


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Re: Notice of Lien- time in which to file (California)

Postby jonbrissman on Mon Nov 29, 2010 8:12 pm

Hi, Rose.

Section 4903.5 applies only to medical treatment and medical-legal liens. CIGA's lien for reimbursement of benefits to the applicant is outside the scope of 4903.5, and no other limitations statute applies. Nonetheless, if the purportedly-overpaid benefits occurred years ago and applicant's financial position has changed in the interim, he or she may have a laches defense against CIGA's claim. See also the case entitled American Psychometric Consultants v. WCAB (Hurtado) (1995), which found that the public policy of transactional stability overrode a restitution demand in certain conditions.

Prior to the enactment of 4903.5, there was no statute of limitation. The general rule was that if a lien was not filed prior to the settlement of the case-in-chief, the WCAB had no jurisdiction. However, there was a case that said that defendant's knowledge of treatment or medical-legal services was a constructive lien filing and allowed the WCAB to adjudicate the matter.

The date of injury does not control application of 4903.5.

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