Service of Medicals on Lien Claimants for Lien Conference (C

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.

Service of Medicals on Lien Claimants for Lien Conference (C

Postby MTom_09 on Thu May 22, 2014 9:22 am

The new regs now restrict service of medicals on "physicians" only. It appears non-physicians must get an order or something in writing from the WCAB for medicals to be served on them.

For purposes of a lien conference, can somebody please provide the legal authority (Labor Code or Regulation section) that says defendant must serve medicals on a non-physician? Specifically, what must be served? Medical reports? Medical records?

My follow up question is does "medical" include all medical reports, records, diagnosis studies, and other things like depos, correspondence related to medical documentation? IN other words, what is defense required to serve on "physicians?" Is medical reports sufficient? Reports that discuss the injury at issue only? Or if defense subpoenas lots of medical records prior to the injury being contested, does defense have to serve all that stuff as well?
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Re: Service of Medicals on Lien Claimants for Lien Conference (C

Postby steve appell on Tue May 27, 2014 7:21 am

§10608.5. Service by Parties and Lien Claimants of Reports and Records on Other Parties and Lien Claimants.
(a) Except as provided in subdivision (b) below, document service between parties and lien claimants may be effected by CD-ROM, DVD, or other electronic media. This shall include sending attachments by e-mail, but only if there has been a prior agreement between the parties or lien claimants that e-mail may be utilized to serve documents.

(b) Where the injured employee is self-represented, discovery documents shall be served only in paper (hard copy) form, unless specifically requested by the employee in writing or ordered by the Workers' Compensation Appeals Board.

(c) Nothing in this section shall preclude: (1) the Workers' Compensation Appeals Board or the Administrative Director from adopting any regulation that would permit service or receipt of service to be effected by alternative technologies; or (2) the Workers' Compensation Appeals Board from ordering or allowing an alternative form of service, including service in paper form, in any particular case.

(d) For purposes of this section, the terms: (1) “serve” and “service” shall include any requirement to produce, allow inspection of, or allow access to any report, record, or other document; and (2) “party” and “lien claimant” shall include any attorney, representative, or agent (including a copy service) of a party or lien claimant.

(e)(1) This section shall apply only to reports, records, and other documents: (A) served in response to a discovery request, subpoena duces tecum, or order; (B) served in accordance with the requirements of sections 10601, 10603, 10605, 10607, 10608, 10615, 10616, 10618, and 10626; or (C) served in accordance with other orders or rules relating to discovery and the exchange of information.

(2) This section shall not apply to the filing of any report, record, or other document with the Workers' Compensation Appeals Board.

(f) This section shall not preclude the Workers' Compensation Appeals Board, upon a showing of good cause, from ordering a party or lien claimant to either allow the on-site inspection of its records or to produce those records at hearing.
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