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New Lien Regulations Sent to WCJs

CORRECTION:  Lien regulations ARE effective now.  Good hunting, everyone!

Welcome back from the long weekend!  As we head to the water-coolers, coffee-machines, and breakfast-conference rooms to swap stories of burgers grilled and items purchased at discount, perhaps there is room to say a word or two about liens as well?

The word around the proverbial workers’ compensation water cooler is that the new lien regulations have been distributed to the workers’ compensation judges (but not yet effective).  Beware, lien claimants, your day is upon you!

If this copy of the proposed regulations is legitimate, the new regulations, if adopted in their entirety, will have the following effects (among others):

  1. Lien claims can be dismissed as inactive after 180 days;
  2. Liens must have ADJ case numbers if the application has already been filed – so lien claimants will have to do their homework!
  3. Lien claimants will be required to appear at lien hearings and be prepared to discuss the case.

Hopefully these regulations will take effect soon and we will have the opportunity to take them out for a spin.  As some southern-California practitioners will tell you, past efforts to deal with the lien problem have met with the fatal mark of “local rules.”  State-wide regulations of this sort are a good step towards solving the problem.

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  1. Tom Harbinson
    May 29th, 2012 at 11:14 | #1

    I hope you’re right! Lien claimants are a much protected lot, almost as much as in pro pers and incompetent applicants attorneys.

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