Lien claimant

What a lien claimant is

A lien claimant is a party, other than the employee and the employer, that asks the WCAB to order payment for something connected to the claim. Common lien claimants are treating providers, interpreters, copy services, and health plans or EDD seeking reimbursement for benefits they paid (Labor Code section 4903).

The rule and its deadlines

A lien for medical treatment expenses must be filed within 18 months of the date services were provided, for services on or after July 1, 2013, and never more than three years after (Labor Code section 4903.5(a)). Most liens for medical expenses carry a $150 filing fee paid to the DWC before filing, and must be filed with a declaration under penalty of perjury that the dispute is not one subject to independent bill review or IMR (Labor Code section 4903.05). A lien claimant cannot file a declaration of readiness until the employee's case is resolved or the employee chooses not to proceed (8 CCR 10742(b)).

Why it matters to an applicant firm

Liens are resolved in or after the employee's case, and they can slow settlement. An applicant firm needs a current list of filed liens before a compromise and release, so the settlement says who pays them and nothing the client owes is overlooked. Checking each lien's service dates against the 18-month limit is a quick first screen. The workers' comp liens guide covers the main types.