Late lien? (California) (California) (California) (Californi

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.

Late lien? (California) (California) (California) (Californi

Postby compquest on Wed Nov 03, 2010 1:11 pm

SCENARIO:

1. Applicant files workers compensation case. Gets treatment. Defense pays part of the bill.

2. Injury is after January 1, 2003.

3. Case resolves by C&R. The Doctor who provided treatment got partial payment.

4 C&R not served on the Doctor who only submitted a bill to the carrier.

5. A year and a half later post C&R approval , the Doctor files a lien.

6. The Defense will not pay the lien saying it was filed late per labor code 4903.5 (a).

QUESTION:
1. If the defense makes partial payment on a medical bill but does NOT serve the Order Approving with C&R, would a provider who files a lien one year and a half later prevail at trial for payment?
Last edited by compquest on Wed Sep 14, 2011 12:19 pm, edited 2 times in total.
compquest
 
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Re: Late lien? (California) (California)

Postby rider001 on Wed Nov 03, 2010 5:01 pm

Many panels in favor of lien claimants. See the link
http://www.csims.net/pdf/Statute%20of%2 ... 0Liens.pdf

The defense might have a Laches argument if the bill was not disputed with bill review.
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