by jonbrissman on Tue Mar 20, 2018 5:37 pm
Right now, how WCJs are supposed to deal with indicted providers is - if there is a disputed stay, they are to afford them due process to show how/why this particular lien should NOT be subject to the stay. If they don't raise the issue at Lien Conference and then bring someone to testify at lien trial as to how this lien should not be subject to the stay, WCJs are to recognize ALL liens filed by that indicted provider as stayed, meaning that they cannot pursue that lien until such time as they are acquitted, or, if they are convicted, then the liens are suspended and the provider must prove in a separate Special Adjudication Proceeding (usually a consolidation, handled by a different WCAB/DIR Unit) that the various liens have nothing whatsoever to do with the crime for which they were convicted.
By the way, LC 4615(g) does not make sense to me.
I also do not understand why interest on the lien amount should not be reinstated retroactively when and if the provider is exonerated of all criminal charges (likely a rare occurrence). In that event, defendants should not be given free use of the providers' funds while unfounded charges were pending.