(a) Any lien claimant under Labor Code sections 4903 or 4903.1 shall file its lien in writing upon a form approved by the Appeals Board or electronically as approved by the Administrative Director. Lien claims filed in writing shall be accompanied by a full statement or itemized voucher supporting the lien and justifying the right to reimbursement and proof of service. All liens, along with a full statement or itemized voucher supporting the lien, shall be served upon the applicant, the injured worker (or, if deceased, upon worker's dependents), the employer, the insurance carrier and the respective attorneys or other representatives of record. Service of a lien on a party shall constitute notice to it of the existence of the lien.
(b) The Workers' Compensation Appeals Board shall not accept for filing a lien that does not bear a case number previously assigned by the Workers' Compensation Appeals Board for the injury.
(c) The lien claimant shall provide the name, mailing address, and daytime telephone number of a person who will be available at the time of all conferences and trials, and will have authority to resolve the lien on behalf of the lien claimant.
(d) After a lien has been filed, the lien claimant shall continue to serve amendments to the lien on the parties. After a lien has been filed, amendments to the lien shall be filed only upon the filing of a Declaration of Readiness, compromise and release, or stipulations with request for award or order, or upon receipt of a notice of hearing. An amendment to a lien filed at any other time, and any attachments thereto, will not be filed and may be discarded by the Workers' Compensation Appeals Board. If a lien has been filed electronically, upon the filing of a Declaration of Readiness, compromise and release, or stipulations with request for award or order, or upon receipt of a notice of hearing, the lien claimant shall file a full statement or itemized voucher supporting the lien unless the lien claimant advises in writing, or electronically, that the lien has been resolved or withdrawn.
(e) The lien claimant shall be notified by the Workers' Compensation Appeals Board when a hearing is scheduled.
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 4903 and 4903.1, Labor Code.
HISTORY
1. Amendment exempt from OAL review pursuant to
Government Code section11351 filed 12-19-90; operative 1-1-91 (Register 91, No. 7).
2. Amendment filed 12-23-93; operative 1-1-94. Submitted to OAL for printing
only pursuant to Government Code section 11351 (Register 93, No. 52).
3. Amendment filed 12-19-2002; operative 1-1-2003. Submitted to OAL for
printing only pursuant to Government Code section 11351 (Register 2002,
No. 51).
8 CA ADC s 10770