July 5, 1995
The Division of Workers' Compensation is advising all claims administrators who have cases with liens filed by Dr. Mark Kaplan of the procedure to be followed in having those liens dismissed.
Dr. Kaplan has agreed to withdraw all of his unsettled liens in accordance with an agreement reached in Superior Court following his conviction for criminal conspiracy and fraud. Dr. Kaplan and his wife, who were accused of operating one of the largest workers' compensation fraud mills in the state, pleaded no contest to the charges and will serve prison terms and pay substantial fines and restitution.
Claims administrators should consolidate all liens filed by Dr. Kaplan into one request for disallowance, in accordance with Section 10590 of Title 8 of the California Code of Regulations, and forward the request to DWC Assistant Chief Mark Kahn at the Van Nuys district office. This will allow all of the liens of each defendant to be handled in one proceeding. After a ruling is made on the request for consolidation and disallowance of liens, the defendant will serve copies of all orders issued on each file.
DWC district offices have been advised that referees should not act on an individual request for action on any individual liens, but rather the requesting party should be referred to the procedure set forth above.
This procedure will allow for a quick and efficient resolution of the handling of requests for disallowance of these liens in accordance with the Superior Court agreement. Anyone with questions on the procedure may contact Assistant Chief Mark Kahn at (818) 901-5324.