Today’s issue of WorkCompRecap features a release from the California DWC’s Audit Unit, who have noted an increased volume of complaints from parties who provide services on a lien basis for workers’ comp claims, which state that some payors have adopted a policy of refusing to discuss negotiating the provider’s liens until the provider demonstrates it has filed a lien with the WCAB and paid the applicable fees under SB 863.
The Audit Unit noted that the practice is contrary to existing Labor Code, that all claimants, including lien claimants, must be dealt with in good faith, and that they will review all complaints about the practice during the next audit of any payor about whom such a complaint has been received.
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