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 10873 - Lien Claimant Declarations of Readiness to Proceed
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A lien conference shall be set when any party files a Declaration of Readiness to Proceed in accordance with rule 10742 on any issue(s) relating to lien claim other than in the case in chief, or by the Workers' Compensation Appeals Board on its own motion at any time.
(b) When a party files and serves a Declaration of Readiness to Proceed on an issue relating to a lien claim other than in the case in chief, the party shall designate on the Declaration of Readiness to Proceed form that it is requesting a lien conference and shall not designate any other kind of conference. If a status conference or any other type of conference is requested or is set on the calendar, that status conference or other type of conference shall be deemed a lien conference and shall be governed by any and all rules applying to a lien conference.
(c) Nothing in this rule shall preclude the Workers' Compensation Appeals Board, in its discretion, from setting a type of hearing other than that requested in the Declaration of Readiness to Proceed.
(d) After a lien conference or lien trial has been ordered off calendar, no party or lien claimant shall file a new Declaration of Readiness to Proceed for at least 90 days. The Declaration of Readiness to Proceed shall designate that a lien conference is requested and shall state under penalty of perjury that there has been no hearing on the lien claim(s) or lien issue(s) within the preceding 90 days. Nothing in this subdivision shall preclude the Workers' Compensation Appeals Board from:
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).
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.