Legal Question in Workers Comp in California

Re: Lien on Worker's Compensation Case

The claims' adjuster does not decide whether liens are valid or not. It is up to the WCAB judge to do so. A settlement means the comp. carrrier has argued to pay a certain sum of money over a certain period of time. If the case is set for a hearing or settlement conference, you can notify the WCAB of your lien and appear at the conference to see if the judge will accept it. If it is a lien for medical bills or alimony it should be granted. But if it is for some other money debt owed you you can not receive payment by going after any workers' compensation payments. I do not know what type of lien you have so can not comment any further.

Re: Lien on Worker's Compensation Case

The labor code provides that a lien cannot be resolved until the case in chief is settled. Thus you acutally must settle your case in order to proceed on the lien. However, if the lien relates to expenditures by the applicant, they should probably be resolved at the time the case settles, or the applicant may be estopped from raising the issue later unless the issue is specifically reserved in the settlement.