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.