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CA Announces Notice Of Rulemaking And Public Hearing Regarding Proposed Changes To Workers’ Compensation

05 Aug, 2011 WorkersCompensation.com

                               
 San Francisco, CA (CompNewsNetwork) - The California Workers' Compensation Appeals Board (WCAB) is proposing to amend its “Rules of Practice and Procedure” (see Cal. Code Regs., tit. 8, § 10300 et seq.), specifically, certain rules relating to lien claims. The WCAB's proposed rule changes, its initial statement of reasons and its notice of rulemaking have all been posted on the WCAB Web site at www.dir.ca.gov/wcab/WCABPropRegsJul2011.htm.

Proposed new rule 10582.5 would create a procedure by which a lien claim may be dismissed for lack of prosecution, after the lien claimant has been given notice and an opportunity to be heard.

Proposed amended rule 10770 would, among other things: (1) change the filing requirements (but not the service requirements) for lien claims; (2) provide that written notice of a lien claim to a defendant will not constitute the “filing” of a lien with the WCAB; (3) provide that if a lien has been “served” on a party, that 
party will have no obligation to “file” that lien with the WCAB if, after such service, partial or full payment is tendered or made and no additional written demand for payment is served on the party within three months thereafter; and (4) delete the language that “[s]ervice of a lien on a party shall constitute notice to it of 
the existence of the lien.”

Proposed new rule 10770.1 would, among other things: (1) require that when a declaration of readiness to proceed (DOR) is filed on a lien dispute, the lien claimant or party filing the DOR must designate that they are requesting a “lien conference”; and (2) cause a “lien conference” to be treated like a mandatory settlement conference, e.g., a pretrial conference statement must be prepared and discovery will close.

A public hearing has been scheduled to permit all interested persons the opportunity to present statements or arguments on the WCAB's proposed rules changes, orally or in writing, at the following date, time and place: 

Date:  Thursday, Sept. 8, 2011 
Time: 10:00 a.m. to 5:00 p.m. or until conclusion of business 
Place: Santa Barbara Room, basement level
Hiram Johnson state office building
455 Golden Gate Avenue
San Francisco, CA  94102

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