LAO Board- Lien Conferences (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.

LAO Board- Lien Conferences (California)

Postby hirschphd@aol.com on Thu Jan 27, 2011 5:00 pm

The L.A. Board is not setting lien conferences. I am not sure why not. It has been ongoing for a couple of months and I do not have a CLUE when the situation will change.
Insights, comments- anyone.
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Re: LAO Board- Lien Conferences (California)

Postby ymcgavin@socal.rr.com on Fri Jan 28, 2011 8:20 am

Hi Hirschphd,

The reason why can be found in the CHSWC report on liens: http://www.dir.ca.gov/chswc/reports/201 ... report.pdf

Observations: I have been unable to block set any lien conferences at LAO since before last summer. I have even attempted to file DORs at LAO for a status conference solely on the issue of expenses, costs, and sanctions, due to the failure of defendant to serve lien claimant medical reports, only to be told by PJ Frank that she would not allow these DORs to be set for hearing. (Perhaps one of the reasons there are so very many "copy service" liens "clogging" the system, as outlined in the CHSWC report, is due to the failure by the defense community to serve medical reports as required by CCR 10608 --- along with the reluctance of the WCJ community to sanction those who fail to comply.) Another observation: Try taking a stroll through the corridors on the 9th floor on any given afternoon. It's eerie how many courtrooms are 'dark' and how empty the corridors are, in comparison to any given afternoon 5 years ago.

Possible solutions: (1) Become an EAMS efiler; or, (2) drop off DORs for a lien conference in the walk-through container, being sure to retain a date-stamped conformed copy for documentation purposes. Becoming an EAMS efiler should work, but dropping off DORs in the walk-through container will merely contribute to the "backlog" spoken of in the CHSWC report, and there is no guarantee if, or when, the DOR will be scanned into EAMS and set for conference.

Justice delayed is justice denied. Becoming an EAMS efiler may be the only way for a lien claimant to get a hearing set at LAO.

York McGavin
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Re: LAO Board- Lien Conferences (California)

Postby hirschphd@aol.com on Fri Jan 28, 2011 2:42 pm

MR. McGavin,

Thank you for the information you have provided. We are currently using OCR forms to file Allowance of Liens, DOR etc. This was suggested to us at the EAMS training. Our facility has multiple billers and users and what was explained was you are only allowed one user ID to use efile. Multiple users are not allowed at one time using one user ID.
We remain clueless with regard to the LA Board's (PJ) policy on setting Lien Conferences to resolve lien issues. As you have mentioned most judges court rooms are dark and empty. If some facilities are efilers, I still have not seen any Lien Conference that are being set on calendar for the LA Board.

Ed
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