WCDefenseCA

Welcome back from your weekend, dear readers.  I greet you on this Monday morning with the story of a disgruntled lien claimant, becoming ever more disgruntled with each additional infuriating defeat.

The story is that of Beverly Hills Center for Arthroscopic and Outpatient Surgery, lien claimant in the matter of Luis Cardozo v. Koos Fashion.  The basic thrust of this case was that a physician from lien claimant was present with its legal counsel on the date of a lien trial.  The basic facts are as follows:

Lien claimant’s representative was dissatisfied with his representation, apparently because the recommendation for settlement wasn’t high enough (the settlement figure recommended was $325,000).  In the words of the workers’ compensation Judge, “after witnessing [lien claimant representative’s] truculent behavior during the settlement negotiations, the undersigned [WCJ] concluded that [he] voluntarily attended the lien trial merely to disrupt it and delay it so that he could obtain new representation.”

What a Disruptive Doctor May Look Like

The lien claimant’s representative wanted the trial continued so he could obtain new counsel and get more dollars through settlement (scrubs aren’t cheap!), but the workers’ compensation Judge refused.  Lien claimant could either settle for the offered (and recommended) $325,000, or take it to trial.  Lien claimant agreed… only to file a petition for reconsideration, removal, and petition for disqualification.

So, dear readers, what could the lien claimant possibly appeal after signing the settlement agreement?  The WCJ’s refusal to grant a continuance, apparently.

The Workers’ Compensation Appeals Board denied the petitions, and the Court of Appeal followed suit.  Next stop, Supreme Court?  And then, perhaps, the United Nations?  After all, a lien claimant’s dissatisfaction with its representation because of the weakness of its case really is a human rights violation, when you think about it.

Don’t let a lien claimant disrupt your trial date with bad behavior either – offer your settlement, if any, and then push for the trial.  A continuance is inappropriate just because the lien claimant wants more money.