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

§ 10880. Lien Trials.

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

(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) Where a lien claimant or defendant served with notice of a lien trial fails to appear either in person or by attorney or non-attorney representative, the workers' compensation judge may:

(1) Dismiss the lien claim after issuing a 10-day notice of intention to dismiss with or without prejudice, or

(2) Hear the evidence and, after service of the minutes of hearing and summary of evidence that shall include a 10-day notice of intention to submit, make such decision as is just and proper, or

(3) Defer the issue of the lien and submit the case on the remaining issues.

(c) If the workers' compensation judge defers a lien issue, upon the issuance of a decision on the remaining issues, the workers' compensation judge shall:

(1) Issue a 10-day notice of intention to order payment of the lien in full or in part, or

(2) Issue a 10-day notice of intention to disallow the lien, or

(3) Continue the lien issue to a lien conference.

(d) At the conclusion of a lien trial, the workers' compensation judge shall prepare minutes of hearing and a summary of evidence as set forth in rule 10787.

(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 and 5307, Labor Code. Reference: Article XIV, Section 4, California Constitution; and Sections 5502(e) and 5708, 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).