Chapter 4.5. Division of Workers' Compensation
Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
Article 16. Liens

§ 10873. Lien Claimant Declarations of Readiness to Proceed.

(a) A lien conference shall be set when any party files a Declaration of Readiness to Proceed in accordance with rule 10742 on any issue(s) relating to lien claim other than in the case in chief, or by the Workers' Compensation Appeals Board on its own motion at any time.

(1) Based upon resources available and such other considerations as the Workers' Compensation Appeals Board in its discretion may deem appropriate, a lien conference may be set at any district office without the necessity of an order changing venue.

(2) Unless otherwise expressly stated in the notice of hearing, all unresolved lien claims and lien issues shall be heard at the lien conference, whether or not listed in any Declaration of Readiness to Proceed. An agreement to “pay, adjust or litigate” a lien claim, or its equivalent, or an award leaving a lien claim to be adjusted, is not a resolution of the lien claim or lien issue.

(3) Once a Declaration of Readiness to Proceed for a lien conference has been filed, it cannot be withdrawn. If the lien of a lien claimant that has filed a Declaration of Readiness to Proceed has been resolved, that lien claimant shall request that its lien be withdrawn in accordance with rule 10872.

(4) To the extent feasible, the date of the lien conference shall be no sooner than 60 days after the date the notice of hearing for it is served.

(b) When a party files and serves a Declaration of Readiness to Proceed on an issue relating to a lien claim other than in the case in chief, the party shall designate on the Declaration of Readiness to Proceed form that it is requesting a lien conference and shall not designate any other kind of conference. If a status conference or any other type of conference is requested or is set on the calendar, that status conference or other type of conference shall be deemed a lien conference and shall be governed by any and all rules applying to a lien conference.

(c) Nothing in this rule shall preclude the Workers' Compensation Appeals Board, in its discretion, from setting a type of hearing other than that requested in the Declaration of Readiness to Proceed.

(d) After a lien conference or lien trial has been ordered off calendar, no party or lien claimant shall file a new Declaration of Readiness to Proceed for at least 90 days. The Declaration of Readiness to Proceed shall designate that a lien conference is requested and shall state under penalty of perjury that there has been no hearing on the lien claim(s) or lien issue(s) within the preceding 90 days. Nothing in this subdivision shall preclude the Workers' Compensation Appeals Board from:

(1) Restoring the lien claim(s) or lien issue(s) to the lien conference or lien trial calendar on its own motion; or

(2) Restoring the lien claim(s) or lien issue(s) to the lien conference or lien trial calendar less than 90 days after the most recent hearing.

Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 4903, 4903.05, 4903.06, 4903.1, 4903.4, 4903.5, 4903.6, 4904, 5502 and 5502.5, Labor Code.

HISTORY

1. New section filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).