Rhonda Wofford Aug 30, 2017 06:20 AM
It makes me uncomfortable that the administrative agency (DWC) dismissed liens without involving the judiciary (WCAB), nor are they offering a judicial remedy for wrongfully dismissed liens. Extra-judicial proceedings are always worrisome because they run the risk of taking property without due process. CA CONSTITUTION ARTICLE 1 (a) A person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws; ... Seems to me that the DWC is usurping the authority of the WCAB.
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William Yattaw Aug 30, 2017 07:44 AM
Article I argument is always used by Lien Claimants, and guess what they always lose. To dismiss Liens of those that cannot follow the law does not seem egregious.
Anne Bazel Aug 30, 2017 09:22 AM
This is just another step to take away a safety net for injured worker. Yeah, let's create more legal barriers.
Jeffrey Gaines Aug 30, 2017 10:19 AM
Rhonda Wofford Aug 30, 2017 10:42 AM
Mr. Yattaw's comment misses the point. I agree that lien claimants who can't follow the law SHOULD have their liens dismissed. However, it should be the WCAB that does the dismissing, with all of the due process rights pertaining thereto. The ad hominem attack that lien claimants are bad and deserve to be punished is simplistic. Everybody should be concerned when the government takes property from citizens with involving the Courts and due process of law. That's why it is Article #1 in the CA Constitution.
Pete Almeida Aug 30, 2017 01:14 PM
Due Process doesn't mean an entitlement to a court hearing. It means notice and opportunity. The providers were provided notice and were given the opportunity to file a lien declaration. Now we start the process of going thru all the lien declarations that were false since the providers don't meet one of the criteria