Legal Question in Workers Comp in California

1why to file notice and request for allowance of lien.is it easy to be approved. how to prove it, what situation can file this form.thanks

2,if sombody I do not know and not my employee, his injury medical expenses bill by medical clinic sent out to our co, We told them he is not my employee, they still do more services for the person, and one and half year later, they file a notice and request for allowance of lien to woker compensation appear dept. I do not know how to do now, what did this mean, somebody will come to us for investigate, i need our lawyer or not?

thanks for your soonest reply!

shirley


Asked on 12/13/10, 11:20 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

I will presume that question #1 is part of #2 and you are not the lien claimant. I suspect that you have not included all the key elements

It is relatively easy to file a lien because all it is is a claim against the applicant or employer for medical treatment and exams only. An WCAB judge must still find whether it is valid or not. If it is filed against the wrong person that will be easy to prove, as unless it is a scam in the Application for Adjudication of Claim your company would not be named, you are not a party to the action, and the WCAB has no jurisidiction over you to make any award as to you.

Contact the attorney for the person who is getting the treatment and ask him to sign a simple letter stating that there is no allegation your company is the employer and he is the attorney for Mr. X. Contact the billing clerk for the medical provider and tell her the situation and you will submit to her two statements saying that [prepare and submit your statment]. Inform her that if the sending of the liens does not stop, you wil go to your own attorney and find out what type of lawsuit could be filed against the company she works for. If she refuses todrop the matter speak to the Office Manager and then the owner if that does not work.

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Answered on 12/19/10, 6:30 am
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Your question is unclear. If you are an injured worker and you received a copy of the lien by the medical provider, it means they have a monetary interest in your case. You or your attorney need to correctly file a claim and WCAB application. Feel free to call us at 213.388.7070 for a free consultation.

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Answered on 12/19/10, 2:52 pm


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