HIGHLIGHTING NEW WCAB PROCEDURES
On 1/1/2020 some new WCAB rules and procedures went into effect, highlights of which include:
PARTY STATUS: Lien claimants are now considered parties to the case in-chief per CCR 10305. While liens will not be addressed until the case is resolved, the change allows vendors greater overall participation.
LIEN EFFORTS: The requirement of good-faith efforts to resolve liens being made prior to getting settlement approval per CCR 10888 has been repealed, although at present the WCAB is still requiring lien affidavits. Note that per CCR 10886 the defense is still required to serve lien claimants with the settlement documents
prior to approval if there is language to disallow/reduce the lien.]
LC 5710 PETITIONS: Per CCR 10547, an attorney must wait 30 days after submitting a LC 5710 demand for fees before filing a petition for payment with the WCAB. A prematurely filed petition is subject to dismissal.
CREDIT PETITIONS: Per newly adopted CCR 10555, an employer claiming credit for an indemnity overpayment must file a petition for credit and meanwhile cannot unilaterally take a credit. [Presumably means issuing just an "overpayment notice" is inadequate as a formal petition for credit must also be filed.]
TRIAL EXHIBITS: Proposed trial exhibits must be filed with the WCAB at least 20 days prior to Trial (CCR 10620), with untimely filed exhibits subject to dismissal (CCR 10670). [Allows judges the chance to review exhibits prior to Trial, and hopefully eliminates the problem of parties fumbling with their exhibits at Trial.]
[COMMENT: A complete copy the WCAB Rules of Practice and Procedures can be found at the DIR website.]