Today's Law As Amended


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SB-403 Workers’ compensation: lien claims.(2009-2010)



As Amends the Law Today


SECTION 1.

 Section 4903.5 of the Labor Code is amended to read:

4903.5.
 (a) A No  lien claim for expenses as provided in subdivision (b) of Section 4903 shall not  may  be filed after three  six months from the date on which the appeals board or a workers’ compensation administrative law judge issues a final decision, findings, order, including an order approving compromise and release, or award, on the merits of the claim, after five  years from the date the  of the injury for which the  services were provided, nor more than 18 months after  or after one year from  the date the services were provided, if the services were provided on or after July 1, 2013. whichever is later. 
(b) Notwithstanding subdivision (a), any health care service plan licensed pursuant to Section 1349 of the Health and Safety Code, group disability insurer under a policy issued in this state pursuant to the provisions of Section 10270.5 of the Insurance Code, self-insured employee welfare benefit plan issued in this state as defined in Section 10121 of the Insurance Code, Taft-Hartley health and welfare fund, or publicly funded program  provider, health care service plan, group disability insurer, employee benefit plan, or other entity  providing medical benefits on a nonindustrial basis, may file a lien claim for expenses as provided in subdivision (b) of Section 4903 within 12 six  months after the entity first knew or in the exercise of reasonable diligence should have known  person or entity first has knowledge  that an industrial injury is being claimed, but in no event later than five years from the date the services were provided to the employee. claimed. 
(c) The injured worker shall not be liable for any underlying obligation if a lien claim has not been filed and served within the allowable period. Except when the lien claimant is the applicant as provided in Section 5501 or as otherwise permitted by rules of practice and procedure adopted by the appeals board,  5501,  a lien claimant shall not file a declaration of readiness to proceed in any case until the case-in-chief has been resolved.
(d) Notwithstanding any other law, no lien claim for expenses incurred by or on behalf of the injured employee for medical and hospital treatment as provided in subdivision (b) of Section 4903 may be filed more than one year from the date the health care provider, or the health care provider’s agent, was sent an explanation of benefits or explanation of review paying a bill pursuant to the official medical fee schedule promulgated pursuant to Section 5307.1 or a preferred provider organization (PPO) agreement.
(1) This subdivision shall apply to all injuries, without regard to whether the injury occurs before, on, or after the operative date of this subdivision.
(2) This subdivision shall become operative on March 1, 2010.
(d) (e)  This section shall not apply to civil actions brought under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code), or the federal Racketeer Influenced and Corrupt Organization Act (Chapter 96 (commencing with Section 1961) of Title 18 of the United States Code) based on concerted action with other insurers that are not parties to the case in which the lien or claim is filed.