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Challenges Over Constitutionality, Retroactive Reach of Lien Dismissal Law Filed With 2nd DCA

By Greg Jones (Senior Editor)

Monday, September 9, 2019 | 1660 | 1 | 28 min read

A doctor is asking California’s 2nd District Court of Appeal to declare a law requiring suspended providers to rebut a presumption that their liens are tainted is unconstitutionally vague as it is written and as it was applied in his case. At the same time, a group of 46 carriers, third-party administrators and self-insured employers are asking the appellate court to reverse the decision of an administrative law judge who dismissed only those liens that Farhad Hafezi filed on or after Aug. 1, 2009. The payers say the presumption that liens filed by suspended providers are tainted appli...

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