This publication cites 400 cases, with each one personally read, analyzed, and explained by Judge Foust.
Lien claim law and procedure have grown so complex that procedural error and faulty reasoning can affect outcomes more than the merits. Pitfalls abound and missteps can be costly. Now you can readily learn the law and arguments that support your position with California Lien Claims in Workers’ Compensation Cases.
This plain English guide walks you step-by-step through the law and procedure of lien claims, complete with hypothetical fact patterns, effective arguments, and practical suggestions for resolving disputes short of trial.
Judge Foust provides step-by-step lien procedure instructions for applicants, claimants, and defendants. Detailed, start-to-finish coverage is provided:
- Due process
- Filing the lien claim
- Appointment letters
- Service by lien claimants
- Service by parties on claimants
- Notices of hearing
- Due process vs. expeditious hearings
- Dismissal of liens
- Disallowance or denial of lien claims
- Petitions for benefits
- Hearings before the WCAB
- Arbitration of lien disputes
- Priority of payment of lien claims
- Settlement of lien claims
- Provisions of the Policy & Procedural Manual
- Permissible discovery
- Lien claimants as parties
- Notices to appear or produce
- Enforcement of discovery orders
- Notice of issues to be decided
- Lien trials
- Lien claimant participation
- Disputes over service
- Advocacy vs. collection techniques
Thirty-four forms and over 800 case citations support the text. You will find coverage of:
Medical treatment liens
- Injury AOE/COE and other threshold issues
- Medical control
- Qualifications of the provider
- Reasonable medical necessity
- Reasonable value
- Threshold issues
- No contested claim
- No evidentiary value
- Violation of AME/QME procedure
- Qualifications of the provider
- Reasonable value
- Standards for determining the amount of the fee
- Cases of 100% disability
- Calculation of fee to be paid by defendant
- Division between attorneys
Liens for living expenses
- Debts owed to landlords and attorneys
- Liens of EDD and private disability carriers
- Child and spousal support
- Interpreters and other costs of litigation
- Credit and restitution
REVISION 15 HIGHLIGHTS
The latest edition of California Lien Claims keeps you current with analysis of recent significant decisions and developments on a broad range of topics such as:
• Applicant entitled to relocation of her home at defendant’s expense as a result of orthopedic and internal disabilities that rendered her permanently totally disabled.
• WCAB retained jurisdiction over a lien dispute after applicant dismissed his claim with prejudice.
• When an employee selects a specialist to be her PTP, the shorter access standards for PTPs are applied.
• Long term acute care hospitals are entitled to reimbursement on a reasonable cost basis, but the outcome of litigated cases has been variable.
• Medical-legal expenses have been restored to List of Allowable Liens.
• Photocopying costs must be incurred by or on behalf of a party for the purpose of proving or disproving a contested claim, but the applicant need not prevail.
• WCAB panel decisions applying the medical-legal rules to photocopy liens conflict.
• Regulations change the procedure for assigning QME panels for represented employees.
• Defendant entitled to a hearing on whether the applicant’s attorney was entitled to a deposition attorney fee in light of alleged fraudulent statements and omissions the applicant made in his deposition.
• WCAB issues two en banc decisions giving notice of its intention to remove the privilege of non-attorney hearing representatives to represent parties before the WCAB for violations of Lab C §4907(a).
• Interpreters of languages other than Spanish are subject to the same fee schedule as the Spanish interpreters.
– Revision 15
– 34 custom-drafted forms
– Access to digital forms via an emailed zip file
– ISBN: 978-1-945421-21-1
Abbreviated Table of Contents
CHAPTER ONE — LIEN CLAIMS
CHAPTER TWO — MEDICAL TREATMENT LIENS
CHAPTER THREE — MEDICAL-LEGAL LIENS
CHAPTER FOUR — LIENS FOR LIVING EXPENSES
CHAPTER FIVE — ATTORNEYS’ FEES
CHAPTER SIX — COSTS
CHAPTER SEVEN — DISCOVERY AND TRIAL
CHAPTER EIGHT — LIEN PROCEDURE
CHAPTER NINE — CREDIT AND RESTITUTION
CHAPTER TEN — LIENS AS A CONTRACT RIGHT
HYPOTHETICAL CASES OF COMMONLY PRESENTED ISSUES IN LIEN DISPUTES
TABLE OF CASES
TABLE OF AUTHORITIES
About the Author
Judge Pamela Foust graduated from UCLA with a Bachelor of Arts degree in psychology in 1966, and earned her law degree from the University of West Los Angeles School of Law where she graduated cum laude in 1978. She was admitted to the Bar in the same year and practiced workers’ compensation law, mainly representing insurance carriers, but with some representation of applicants, until 1985 when she was appointed a Workers’ Compensation Judge.
Judge Foust was originally assigned to the Los Angeles branch of the Division of Workers’ Compensation, and in 1987 transferred to the Santa Monica, now Marina Del Rey, Office. In December 2009, Judge Foust retired from the bench and is currently employed by Zenith Insurance Company.
Judge Foust has written numerous articles on workers’ compensation issues, particularly those involving lien claims and other topics of interest to medical providers. She has been a frequent speaker at educational programs. She has also served as an adjunct professor at the University of West Los Angeles School of Law. Judge Foust is the 2010 recipient of the Workers’ Compensation Section of the State Bar’s Lifetime Achievement Award. She also received the California Division of Workers’ Compensation’s Carrie Nevans Community Service Award in 2014.