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DWC Moves On to Verifying Lien Declarations

Monday, July 10, 2017 | 1973 | 0 | 0 min read

California lien claimants who filed mandatory declarations before the July 1 deadline are not necessarily in the clear as the Division of Workers’ Compensation is reviewing whether the submitted documents comply with the requirements set by Senate Bill 1160. But how the process will work is not clear. While the division said it already started reviewing declarations as of June 26, spokesman Peter Melton said he was unable to answer WorkCompCentral’s questions about the process on Thursday and Friday. “I’ve been trying to connect with the DWC folks on this but the...

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Rhonda Wofford Jul 10, 2017 06:51 AM

The author of this article poses an interesting question. Basically, does the DWC have the jurisdiction to make a "finding of fact." Presumably, there is a clerical oversight function to determine if a declaration is completed filled-out, or not, signed, or not, etc.. However, those clerical function should be within the purview of the Clerk of the WCAB. The Clerk of the WCAB falls under the oversight function of the WCJ's should a dispute arise. It is unclear what the DWC would offer as a remedy to handle a disputed "defective" declaration without a referral to the WCAB. I know that DWC is chomping at the bit to get rid of liens altogether. I know they think that the only good lien hearing, is the one that never occurs. However, there are due process considerations that require some judicial oversight.

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