Hi Lien Claimants,

Attached is a petition for costs that is applicable for lien claimants who have made numerous requests to be provided with copies of medical reports, relating to the claim, pursuant to CCR 10608(a) ----- and these numerous requests have gone unanswered by the defendant insurer.

Once a defendant has received a request for service of medical reports from a lien claimant, the defendant has an obligation to serve all medical reports in their possession within six (6) days ----- and the request also triggers an obligation to continue to serve "subsequently-received" medical reports on the requesting lien claimant within six (6) days of receipt of the "subsequently-received" medical reports.

If you, as a lien claimant, have made numerous requests for service of medical reports, relating to the claim, to the defendant insurer; these requests have fallen on deaf ears; you appear at a status (lien) conference without having been served; and, the defendant is objecting to your services on the basis they were not medically necessary ----- ask the WCJ for a "Minute Order" requiring the defendant to serve you the medial reports relating to the claim as well as a continuance of the status (lien) conference.

After being served with the medical reports, prepare this petition for costs and sanctions. When you appear at the second status (lien) conference, date stamp the petition, put a copy on the Board file, and hand a copy to the defense counsel.

When you set the matter for trial and fill out the 'stips and issues', list 'costs and sanctions' as an issue to litigated along with the lien. You might just be quite surprised that the defense counsel is much more willing to discuss a reasonable settlement of your lien ----- if you will just withdraw your petiton for costs and sanctions.

The choice to accept the reasonable amount of your lien is entirely up to you, as is the choice to withdraw the petition for costs and sanctions.

I will tell you that I have never lost a petition for costs and sanctions whenever this particular factual situation has happened.

Sometimes I accept the offer to settle the lien for a reasonable amount and withdraw my petition for costs and sanctions ----- sometimes not. The choice is up to you.

York McGavin
ymcgavin@socal.rr.com

Petiton-for-sanctions-generic-2005.doc  (77 KB)