California Workers' Compensation Law & Practice

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California Lien Claims in Workers' Compensation Cases

by Judge Pamela Foust

Effectively and Economically
Resolve Lien Claims

Lien claim law and procedure have grown so complex that procedural error and faulty reasoning can affect outcomes more than the merits. Pitfalls abound and missteps can be costly. Now you can readily learn the law and arguments that support your position with California Lien Claims in Workers’ Compensation Cases.

This plain English guide walks you step-by-step through the law and procedure of lien claims, complete with hypothetical fact patterns, effective arguments, and practical suggestions for resolving disputes short of trial.

Judge Foust provides step-by-step lien procedure instructions for applicants, claimants, and defendants. Detailed, start-to-finish coverage is provided:

Procedure

Due process
Filing the lien claim
Appointment letters
Service by lien claimants
Service by parties on claimants
Notices of hearing
Due process vs. expeditious hearings
Dismissal of liens
Disallowance or denial of lien claims
Petitions for benefits
Hearings before the WCAB
Arbitration of lien disputes
Priority of payment of lien claims
Settlement of lien claims
Provisions of the Policy & Procedural Manual

Discovery

Permissible discovery
Lien claimants as parties
Subpoenas
Depositions
Notices to appear or produce
Enforcement of discovery orders

Trial

Notice of issues to be decided
Lien trials
Lien claimant participation
in trial of case in chief
Disputes over service
Advocacy vs. collection techniques

Twenty-six forms and over 600 case citations support the text. You will find coverage of:

Medical treatment liens

Injury AOE/COE and other threshold issues
Medical control
Qualifications of the provider
Reasonable medical necessity
Reasonable value

Medical-legal liens

Threshold issues
No contested claim
No evidentiary value
Violation of AME/QME procedure
Qualifications of the provider
Reasonable value

Attorney’s fees

Standards for determining the amount of the fee
Cases of 100% disability
Calculation of fee to be paid by defendant
Division between attorneys

Liens for living expenses

Debts owed to landlords and attorneys
Liens of EDD and private disability carriers
Child and spousal support

And more

Interpreters and other costs of litigation
Credit and restitution

Included at no extra charge is an intuitive, full-text CD which requires no installation before use. Its database may be searched by key word, case name, topic, or form. In case you don't want to work with the CD's database, the book's ten chapters are also provided in Word and the book's 36 forms are digitally delivered as PDFs.

Updated annually. Book price: $119.00