Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 16. Liens
The regulation, as printed
(a) All defendants and lien claimants shall appear at all lien trials, either in person or by attorney or non-attorney representative. Each defendant, lien claimant, attorney and non-attorney representative appearing at any lien trial: (1) Shall have sufficient knowledge of the lien dispute(s) to inform the workers' compensation judge as to all relevant factual and/or legal issues in dispute; (2) Shall have authority to enter into binding factual stipulations; and (3) Shall either have full settlement authority or have full settlement authority immediately available by telephone. (b) Where a lien claimant or defendant served with notice of a lien trial fails to appear either in person or by attorney or non-attorney representative, the workers' compensation judge may: (1) Dismiss the lien claim after issuing a 10-day notice of intention to dismiss with or without prejudice, or (2) Hear the evidence and, after service of the minutes of hearing and summary of evidence that shall include a 10-day notice of intention to submit, make such decision as is just and proper, or (3) Defer the issue of the lien and submit the case on the remaining issues. (c) If the workers' compensation judge defers a lien issue, upon the issuance of a decision on the remaining issues, the workers' compensation judge shall: (1) Issue a 10-day notice of intention to order payment of the lien in full or in part, or (2) Issue a 10-day notice of intention to disallow the lien, or (3) Continue the lien issue to a lien conference. (d) At the conclusion of a lien trial, the workers' compensation judge shall prepare minutes of hearing and a summary of evidence as set forth in rule 10787. (e) Any violation of the provisions of this rule may give rise to monetary sanctions, attorney's fees and costs under Labor Code section 5813 and rule 10421.
Authority and history
Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Article XIV, Section 4, California Constitution; and Sections 5502(e) and 5708, Labor Code.
1. New section filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).
What panels did with this rule
Released decisions that named § 10880, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ14175141 · 2025-02-04 · Long Beach District Office8 CCR § 10880
Determinative passage · p.21 Cal Code Regs., tit. 8 § 10880(a)(3) states: (a) All defendants and lien claimant shall appear at all lien trials either in person or by attorney or non- attorney representative. Each defendant, lien claimant, attorney and non-attorney representative appearing at any lien trial:... (3) Shall either have full settlement authority or have full settlement authority immediately available by telephone.
Referenced in context of the adjuster's required appearance.
Official decision · page 2 → - ADJ17559319 · 2024-11-22 · Oakland District Office8 CCR § 10880
Determinative passage · p.5II. A lien claimant has a duty to know or discover the facts regarding the compensability of its lien prior to submitting its lien for trial. (Cal. Code. Regs., tit. 8, § 10880(a)(1).) Here, the WCJ denied lien claimant's recovery on the grounds that lien claimant failed to prove causation of injury. In its petition, lien claimant correctly points out that causation of injury was stipulated. However, lien claimant fails to recognize two important elements to its burden of proof. First, defendant disputed the nature and extent of injury. (Lien Claimant's Exhibit 2.) Causation was stipulated as to a head laceration only. (Ibid.) Lien claimant argues that all treatment rendered in its emergency room was industrial. However, arguments are not evidence. (Hamilton v. Lockheed Corporation (Hamilton) (2001) 66 Cal. Comp. Cases 473, 476 (Appeals Board en banc).) Where liability is disputed, lien claimant was required to establish that its treatment was encompassed within the nature and extent of injury. Absent such evidence, lien claimant failed to meet its burden of proof.
Lien claimant failed to meet burden of proof on causation and reasonableness of treatment.
Official decision · page 5 → - ADJ11296239 · 2023-08-01 · San Bernardino District Office8 CCR § 10880
Determinative passage · p.8We observe that while WCAB Rule 10751 requires the non-attorney representative making an appearance to provide a valid notice of representation, it does not specify a remedy for failure of compliance, and it does not mandate dismissal of the underlying lien claim. (Cal. Code Regs., tit. 8, § 10751.) Similarly, WCAB Rule 10868 specifies that while violation of the rule may give rise to monetary sanctions, attorney's fees, and costs under Labor Code section 5813 and rule 10421, the rule does not require dismissal of the lien claim itself. (Cal. Code Regs., tit. 8, § 10868(d).)
Rules were considered in determining that dismissal was not mandatory and that monetary sanctions may be appropriate instead.
Official decision · page 8 →
Rules beside this one
Article 16. Liens — regulations rarely stand alone, and the answer is often two sections away.
- § 10874Verification to Filing of Declaration of Readiness to Proceed by or on Behalf of Lien Claimant.
- § 10875Lien Conferences.4 decisions
- § 10876Fees Required at Lien Conference.
- § 10878Submission at Lien Conferences.
- § 10882Action on Settlement Agreement. [Repealed]
- § 10886Service on Lien Claimants. [Renumbered]