Home > Uncategorized > Copy Service Regs Heading Our Way!

Copy Service Regs Heading Our Way!

Despite his foreign origins, your humble blogger is a red blooded American now-adays: he likes his canyons grand, his dawn light early, and his banners star-spangled.  That being said, when the gubmn’t imposes regulations that, in effect, limit the extent of other government programs, one can hardly object, right?

So, when defendants are constantly tasked with paying, adjusting, or, as is the case more often than not, litigating copy service liens, the uncertainty of liability usually drives the cost up more than the legitimate claims of copy services themselves.

Effective July 1, 2015, defendants will have a new tool to cut back on copy service liens: section 9981.

Here’s a basic breakdown – defendants will have 30 days from the date the applicant requests copies of records to provide those records, and, if they do, defendants will have no liability for any copy services engaged by applicant.

Copy services will have to be performed by a “registered professional photocopier.”  What’s a professional photocopier?  Check section 22450 of the Business and Professions Code: “[a] professional photocopier is any person who for compensation obtains or reproduces documents authorized to be produced … who, while engaged in performing that activity, has access to the information contained therein.  A professional photocopier shall be registered pursuant to this chapter by the county clerk of the county in which he or she resides or has his or her principal place of business, and in which he or she maintains a branch office.”

And, as to the actual fees, we’re looking at $180 flat fee for the first 500 pages, $75 for cancellation after the subpoena has been issued, $20 for EDD records, $30 for WCIRB records, and some minor fees here and there for additional pages or electronic copies.

Your humble blogger thinks this is definitely a step in the right direction.

Copy service bills are annoying and can rack up the costs involved in closing out a file.  The adjuster is often tasked with deciding whether to try to settle current copy service liens and create an incentive for more liens of the same type on future files, or spend precious litigation dollars and incur delays in closing the file (and spend precious daylight attending to lien claims instead of case-in-chief matters).

These regulations are going to be a valuable tool in cutting down on senseless litigation of this sort.  Remember, folks, it is in the interest of the applicant’s attorney, as a repeat player, to make a claim as expensive as possible.  After all, if wasteful litigation can make each claim $20,000 more expensive, it’s easy to negotiate an extra $10,000 in settlement just to avoid having to waste all that extra money.

Regulations such as these will help cut down on the litigation cost balloon.  Let’s see how they play out at the Board.

Categories: Uncategorized Tags:
  1. No comments yet.
  1. No trackbacks yet.