California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 4.5 - Division of Workers' Compensation
Subchapter 2 - Workers' Compensation Appeals Board-Rules and Practice Procedure
Article 16 - Liens
Section 10862 - Filing and Service of Lien Claims and Supporting Documents

Universal Citation: 8 CA Code of Regs 10862

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) A lien claim may be filed only if permitted by Labor Code section 4900 et seq. An otherwise permissible lien claim shall not be filed if doing so would violate the premature filing restrictions of Labor Code section 4903.6(a).

(b) A section 4903(b) lien shall only be filed electronically in accordance with section 4903.05 and not by any other method.

(c) All other lien claims may be filed utilizing an optical character recognition (OCR) lien claim form approved by the Appeals Board.

(d) The claims of two or more providers of goods or services shall not be merged into a single lien. An individual provider may claim more than one type of lien on a single lien form by marking the "Other Lien(s)" checkbox on the form and by specifying the nature and statutory basis for each lien in that checkbox's associated text box.

(e) The following documents shall be concurrently filed with each lien claim:

(1) A proof of service;

(2) The verification under penalty of perjury outlined in rule 10863, if required; and

(3) Any other declaration or form required by law to be concurrently filed with a lien claim, including but not limited to documents required by Labor Code sections 4903.05, 4903.06 and 4903.8.

(f) Nothing in this rule shall preclude a medical treatment lien claimant from filing a lien claim if there are other outstanding disputes, including but not limited to injury, employment, jurisdiction, or the statute of limitations.

(g) All original and amended lien claims, and all related documents, including a full statement or itemized voucher for any section 4903(b) lien and any document listed in rule 10862(e) shall be served on:

(1) The injured worker or, if deceased, the worker's dependent(s), unless:
(A) The worker or dependent(s) is represented by an attorney or other agent of record, in which event service may be made solely upon the attorney or agent of record; or

(B) The underlying case of the worker or dependent(s) has been resolved; or

(C) The worker or the dependent(s) chooses not to proceed with the case.

(2) Any employer(s) or insurance carrier(s) that are parties to the case and, if represented, their attorney(s) or other agent(s) of record.

(h) The service of a lien claim on a defendant, or the service of notice of any claim that would be allowable as a lien, shall not constitute the filing of a lien within the meaning of these rules unless allowed by statute.

(i) Where a lien has been served on a party, that party shall have no obligation to file that lien with the Workers' Compensation Appeals Board.

(j) When serving an amended lien claim, the lien claimant shall indicate in the box set forth on the lien form that it is an "amended" lien claim and shall provide the name, mailing address and telephone number of a person with authority to resolve the lien claim on behalf of the lien claimant.

(k) Any lien claim filed in violation of the provisions of this rule may be deemed not filed for any purpose, including tolling or extending the time for filing the lien claim, and may not be acknowledged or returned to the filer and may be destroyed at any time without notice.

1. Amendment of section and NOTE filed 12-19-2002; operative 1-1-2003. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2002, No. 51).
2. New article 16 heading, renumbering of former section 10862 to section 10984 and new section 10862 filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).
3. Renumbering of former subsection (c)(4) to new subsection (c)(3) filed 12-15-2021; operative 1-1-2022 pursuant to Government Code section 11343.4(b)(3). Submitted to OAL for filing and printing only pursuant to Government Code section 11351 (Register 2021, No. 51).

Note: Authority cited: Sections 133, 5307 and 5708, Labor Code. Reference: Sections 4900 et seq., 4903, 4903.05, 4903.06, 4903.8, 4903.1, 4903.4, 4903.5, 4903.6, 4904, 4603.2, 4603.3, 4603.6, 4610.5, 4610.6, 4616.3, 4616.4, 4622 and 5813, Labor Code.

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