by stewshe on Mon Jan 04, 2010 4:48 pm
employersnp,
The Kunz case, 31 CWCR 12, 67 CCC 1588, is a seminal case laying out what is needed to prove up a lien. The headnote in the CCCs sums up that aspect of the case as follows:
<<WCAB must consider several factors, including medical provider's usual fee, usual fee in geographical area, relevant economic aspects of medical provider's practice, and any unusual circumstances.>>
Basically, you summarize all of the relevant data relating to the lien and the theory is the right thing to do is supposed to be obvious. If the lien claimant does the summarizing, the lien should be paid in full. If the defendant does it, the lien claimant is usually due little or nothing.
Lots of factors go into the mix.
Good luck!
Stew