The Division of Workers' Compensation has revised the procedure for claims administrators and other parties to follow in petitioning to have liens filed by Dr. Mark Kaplan dismissed.
Dr. Kaplan had agreed to withdraw all unsettled liens filed by him, his wife, Polina Ioffe, and the various medical entities they headed following their recent convictions in Superior Court for criminal conspiracy and fraud.
Under the new policy, claims administrators, or if the case is in litigation, their representative or attorney, should file a fully completed and executed "Petition For Disposition Pursuant To Notice Of Withdrawal Of Lien, Mark Kaplan Et Al." (copy attached) at the next scheduled conference or hearing. The form is also available for duplication at each WCAB District Office and will be available at the time of all conferences and hearings.
Petitions should not be filed directly at a WCAB office unless a lien from Kaplan et al. is the only remaining issue in the case or the petition can be filed with other documents at the same time. If a compromise and release agreement is filed, reference can be made in it to the Notice of Withdrawal of Lien and resolution or the Petition for Disposition can be filed with the settlement agreement.
This policy replaces the previous procedure, which advised parties to consolidate all liens filed by Dr. Kaplan into one request for disallowance and forward the request to DWC Assistant Chief Mark Kahn. That procedure was difficult for claims administrators who could not locate all of the Kaplan liens in all of their claims files.
Filing at conferences or hearings will also help eliminate unnecessary mailing to the benefit of all. Every effort should be made to avoid filing by mail except when the petition could be included with other documents that are required to be filed in a cases.
Upon filing, the completed "Petition For Disposition Pursuant To Notice Of Withdrawal Of Of Lien, Mark Kaplan Et Al." will be placed in the WCAB legal file and constitute resolution of the lien claims indicated in the document without further order of the WCAB.
Anyone with questions on the revised procedure may contact Assistant Chief Mark Kahn in the Van Nuys District Office at (818) 901-5324.
Note: Attached you will find a copy of the "Petition for Disposition Pursuant to Notice of Withdrawal of Lien, Mark Kaplan Et Al." form.