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OnDemandView Demo

Mastering the Lien Claim with Lien Claim Judges


Workers' Compensation Section
Credit(s): 3.5 Legal Specialization in Workers’ Compensation Law
3.5 Participatory MCLE Credits
Course Number: WC_1-30-16
Original Program Date: January 30, 2016
Duration: 3 hours 37 minutes
Access: Available for 3 months after purchase
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    Category: Workers' Compensation Law
    Category: Workers' Compensation Law (show less)

    Why get your lien off to a rocky start?  Better question: why file a lien and pay a lien filing fee, when certain “liens” can actually be filed as costs instead?  Learn how to properly file a lien step by step, including a complete review of all regulations to consider with the initial filing.  The panelists will cover petitions for determination of non-IBR medical-legal disputes, when and how a lien can be dismissed due to regulatory failures, as well as some tricky jurisdictional issues including how to properly present a challenge to WCAB jurisdiction where a private contract exists fixing the amount of payment.

     

    For the most part lien trials are narrowly focused on distinct issues.  A well-prepared party should be able to breeze through the process.  However, the perceived simplicity in litigating a lien all too often results in litigators who do not properly prepare.  This panel will clearly illustrate each party’s burden of proof in presenting or defending lien claims and provide a checklist of tools for meeting the judge’s expectations on each of these issues.  The panel will discuss mistakes to avoid in preparing your lien trial using real life examples and provide expert tips on preparing your lien case for trial.

     

    Lien litigation generally comes in three forms: the good, the bad, and the ugly.  This panel will cover some common traps in which litigators find themselves and how to avoid being sanctioned.  Topics will include proper supervision of hearing representatives, when to file and when not to file a DOR, required appearances, and ensuring that the evidence supports the issues raised.  The panel will also discuss what to do after a notice of intention to impose sanctions has issued.

     

    The conference will end with a thorough and thoughtful review of all the latest cases affecting the analysis of lien claims.  The panel will cover constitutional issues, lien filing fees, IBR, self-procured medical treatment, and treating outside the MPN among other topics.  The lien claim judges will reserve time for questions from the audience on all of the material covered.

    3.5 Legal Specialization in Workers’ Compensation Law  

    3.5 Participatory MCLE Credits

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