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State: Calif. Kamin: Transition to E-Hearings Means Faster Lien Resolutions: [2022-11-14] |
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The transition of the modern-day lien conference into electronic hearings has transformed the lien conference from an all-day event with lots of wasted time into a more streamlined hearing that can be incredibly efficient for all parties involved. Prior to the pandemic, lien conferences used to be lengthy affairs that involved going to the Workers' Compensation Appeals Board, tracking down lien claimants across various courtrooms, and arguments before the judge with numerous parties wanting wildly different dispositions. While that still can happen, it doesn’t have to. Here’s a basic primer that can help get defendants on the right track to a more efficient lien conference. Before the conference Before the lien conference, I recommend identifying your key documents and double-checking whether they’ve been served on other parties. Conversely, have the other parties served you with their documentation? If not, get it. If they are treating for a completely different body part that wasn’t a part of the workers’ compensation claim, then get that information out early. A good lien hearing representative will appreciate knowing that in advance so he can set expectations accordingly. Second, prepare a pretrial conference statement just in case the lien conference gets set for trial. Third, defendants will want to obtain clear settlement authority prior to the hearing so they know how much to settle for. Some parties like playing it by ear, which is OK in principle, but keep in mind that “life happens” and should a “drop-everything emergency” occur at the claims administrator’s desk that day, that can result in the defense attorney being without authority at the lien conference. Talking points A sharp defendant will already have his talking points in hand prior to the hearing. Some of the basic things you’ll want on your checklist for each lien are:
At the hearing Be prepared to call into the hearing on time, write down the parties’ names and ask for second call. It’s usually easiest if the defense attorney gives out his email and phone and urges the lien claimants to email first. If a particular lien hearing representative tends to “go missing” for long periods of time, get his phone number so you can call and bug him in case he forgets to email you. Some hearing representatives may be trying to wrangle multiple hearings that day, and if so, text messaging can be a great way to cut to the chase and exchange vital information. After all, it’s hard to ignore an incoming text message when you’re on the phone. In these text and email chains, be sure to mention who you are and what case you’re on. That will also avoid confusion. I realize that seems incredibly basic, but mistaken offers/demands happen in the wrong cases all the time. Including the basics reduces that significantly. And if someone does make a mistake, it’s usually an honest one. Second call When calling back into the court, be ready to tell the judge:
After the second call is done, tie up any loose ends and don’t forget to quickly sign and return those pending settlement documents and other loose ends. Settlement document basics Often, the lien claimant will volunteer to prepare the lien settlement agreement. As a defense attorney, I often have to add information, such as:
Conclusion The pandemic-fueled transition into electronic hearings forced parties to get their act together and stop wasting all day at the board. This has arguably benefited all by allowing each party's representative to sit in one place and process a ton of information. As it turns out, the act of being in person and running from courtroom to courtroom to talk to people was often a distracting waste of time. Since the move to e-hearings, a good number of lien claimant representatives have now begun to negotiate in good faith before the hearings. Many are still sticking to unreasonable demands of 70% to 90% of lien balance before the hearing, but even the basic exchange of information before the hearing is leading to faster resolutions when the lien conference arrives. Following the aforementioned tips will help get your lien conference right on track and get your liens resolved more efficiently. John P. Kamin is a workers’ compensation defense attorney and partner at Bradford & Barthel’s Woodland Hills location. He is WorkCompCentral's former legal editor. This entry from Bradford & Barthel's blog appears with permission. |