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

§ 10875. Lien Conferences.

(a) All defendants and lien claimants shall appear at all lien conferences, either in person or by attorney or non-attorney representative. Each defendant, lien claimant, attorney and non-attorney representative appearing at any lien conference:

(1) Shall have sufficient knowledge of the lien dispute(s) to inform the workers' compensation judge as to all relevant factual and/or legal issues in dispute;

(2) Shall have authority to enter into binding factual stipulations; and

(3) Shall either have full settlement authority or have full settlement authority immediately available by telephone.

(b) If a lien claimant fails to appear at a lien conference, the worker's compensation judge may issue a notice of intention to dismiss consistent with rule 10888, or defer the lien.

(c) If a defendant does not appear, or for any other reason any lien claim(s) or lien issue(s) cannot be fully resolved at the lien conference, the workers' compensation judge shall take one of the following actions:

(1) Set a lien trial and close discovery;

(2) Upon a showing of good cause, allow a continuance of the lien conference to another lien conference; or

(3) Upon a showing of good cause, order the lien conference off calendar.

Good cause shall not include the delayed or late appointment of an attorney or non-attorney representative by a defendant or lien claimant or the delayed receipt of the defendant's or lien claimant's file by that attorney or non-attorney representative.

The action taken shall apply to all unresolved lien claim(s) or lien issue(s).

(d) For any lien claim(s) or lien issue(s) not fully resolved at the lien conference by an order signed by a workers' compensation judge and set for trial, the defendant(s) and lien claimant(s) shall prepare, sign, and file with the workers' compensation judge a Pre-Trial Conference Statement, which shall include:

(1) All stipulations;

(2) The specific issues in dispute;

(3) All documentary evidence that might be offered at the lien trial; and

(4) All witnesses who might testify at the lien trial.

The right to present any issue, documentary evidence, or witness not listed in the Pre-Trial Conference Statement shall be deemed waived, absent a showing of good cause. Evidence not disclosed on the Pre-Trial Conference Statement or obtained thereafter shall not be admissible unless the proponent of the evidence can demonstrate that it was not available or could not have been discovered by the exercise of due diligence prior to the lien conference.

(e) Any violation of the provisions of this rule may give rise to monetary sanctions, attorney's fees and costs under Labor Code section 5813 and rule 10421.

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 12-23-93; operative 1-1-94. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 93, No. 52).

2. Amendment of penultimate paragraph filed 12-19-2002; operative 1-1-2003. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2002, No. 51).

3. Renumbering of former section 10875 to section 10705 and new section 10875 filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).