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Update on Filing Labor Code §4903.05 Lien Declarations

Wednesday, June 28, 2017  
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Update on Filing Labor Code §4903.05 Lien Declarations

 

On June 21, CSIMS notified its members of the need to serve copies of Labor Code §4903.05 lien declarations "on all parties with an accompanying proof of service within 24 hours" pursuant to Regulation 10324(a). That eBlast stimulated several lien collection experts to offer additional insights into the process to clarify the situation.

Although Regulation 10324 is the general regulation regarding the need to serve parties with copies of documents filed with the WCAB, Regulation 10770 is a separate regulation specifically addressing the filing and service of liens and "related documents." The major difference between these two regulations involves who must be served when a §4903.05 declaration is filed electronically into the EAMS system. The distinction becomes particularly acute when declarations are filed where the case-in-chief has resolved and all remaining lien claimants have become "parties." Is a lienholder required to serve all other lien claimants in a particular case with a copy of the holder's declaration? We think not.

 

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