Filing a Lien for Unpaid Medical Bill (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.

Filing a Lien for Unpaid Medical Bill (California)

Postby hansend on Mon Oct 25, 2010 2:31 pm

If the employer/insurance carrier has not paid an employee's medical bill and we receive information from the employee's attorney including the WCAB case number, a copy of the Application for Adjudication of Claim filed by the attorney and a statement of "if you wish to file a lien you may do so," would we file an Amended Application for Adjudication of Claim related to our unpaid bill. I began with the Application for Adjudication of Claim but the lien verification documents states that no adjudication case number exists and I have one.
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Filing a Lien for Unpaid Medical Bill (California)

Postby on Thu Oct 28, 2010 4:50 pm

Hi Handsend,

Just serve and file your EAMS compliant lien as required by CCR 10770, ensuring you have used the appropriate document cover sheet and separator sheets. There is no need for you to file an application for adjudication, as it has already been done by the AA, and the WCAB has issued an ADJ number.

I am attaching a dual purpose 'verification' I use on a regular basis --- when filing either a lien or a DOR. Being as you are only serving and filing your lien for treatment, you need only check off the first box on the CCR 10770.5 verification.

York McGavin
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