WCDefenseCA

Happy Wednesday, dear reader!

Do you have a moment to read about Labor Code section 4615?  Well, as I’m sure you’ve heard of Occam’s Razor, perhaps section 4615 will be WorkComp’s hammer.

Basically, 4615 holds that if there’s a lien by a physician or provider of medical treatment, both collection and litigation of that lien will be stayed if criminal charges for fraud have been filed against the lien claimant.

So, in the past, when your humble blogger was assigned a lien to deal with, he would visit the rhyming online to see what rhymes with the lien claimant’s name, thereby enabling me to make cruel school-yard jokes at the lien conference to wear down my opponent’s resolve.

Now, a much more effective, if less satisfying, tool is available: the Department of Industrial Relations, as per Labor Code section 4615, keeps a running list of any medical providers charged with fraud in California.

So, if you’ve got a lien or even a bill, check the list before making payment.

Now here’s a thought – can section 4615 be read in such a way that prevents the filing of a lien by a medical provider charged with fraud?  It would be great if it could, because preventing the lien from being filed within 18 months of the last date of service gives rise to the statute of limitations defense of Labor Code section 4903.5.  Unfortunately, the plain reading of the law addresses “[a]ny lien filed…” suggesting that it only kicks in once a lien has already been filed.

That being said – this is workers’ compensation, and reading the law in a way to prohibit the filing of a lien by a provider charged with fraud would not be the craziest way of interpreting the law that any of us have seen.

Anywho, dear readers, your humble blogger hopes you use the 4615 hammer effectively – Smashy Smashy!