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) Whenever any lien claimant obtains representation after a lien has been filed, or changes such representation, the lien claimant shall, within 5 days, file and serve a notice of representation in accordance with rules 10390, 10400, 10401 and 10402. If a copy of the notice of representation is not in the record at the time of the hearing, the lien claimant's representative shall lodge a copy at the hearing and shall personally serve a copy on all parties appearing. Unless a representative signs an initial lien document on behalf of a lien claimant, a notice of representation is required. (b) In addition to the requirements of rules 10390, 10400 and 10401, the notice shall: (1) Include the caption, the case title (i.e., the name of the injured employee and the name of the defendant or primary defendant(s)) and the adjudication case number(s) to which the notice relates; and (2) Set forth the full legal name, mailing address and telephone number of the lien claimant. (c) The notice shall be verified by a declaration signed by the lien claimant and the lien claimant's representative under penalty of perjury stating: (1) “I declare that the named initial or new representative has consented to represent the interests of the named lien claimant and that the named lien claimant has consented to this representation.”; (2) “This representation began on ______________, _____, 20___. (A) “I am not aware of any other attorney or non-attorney who was previously representing the lien claimant.”; or (B) “I am aware that ________________ [specify person or entity] was previously representing the lien claimant. This Notice of Representation supersedes any previous Notice of Representation. I hereby certify that I have notified the previous attorney or non-attorney representative in writing.”; (3) “By signing below, the representative affirms that they are not disqualified from appearing under Labor Code section 4907, WCAB rule 10445 (Cal. Code Regs., tit. 8, § 10445) or by any other rule, order or decision of the Workers' Compensation Appeals Board, the State Bar of California, or any court.” (d) Any violation 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, 5307, 5309 and 5708, Labor Code. Reference: Sections 130, 4907 and 5710, Labor Code; Sections 284, 285 and 286, Code of Civil Procedure; and Sections 10390 and 10445, title 8, California Code of Regulations.
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). For prior history, see Register 2002, No. 51.
What panels did with this rule
Released decisions that named § 10868, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ15800852 · 2024-07-12 · Van Nuys District Office8 CCR § 10868
Determinative passage · p.3We also observe that the Notice and Request for Allowance of Lien filed by United Certified Interpreting on March 7, 2024 lists Collective Resources Long Beach as its non-attorney representative. Thus, lien claimant designated its representative, and was aware that its representative was not an attorney.
The lien claimant designated its non-attorney representative as required by this rule.
Official decision · page 3 → - ADJ11296239 · 2023-08-01 · San Bernardino District Office8 CCR § 10868
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.
- § 10864Authority of Workers' Compensation Judge After Decision After Reconsideration. [Renumbered]
- § 10865Reconsideration of Arbitration Decisions Made Pursuant To Labor Code Sections 3201.5 and 3201.7. [Renumbered]
- § 10866Reconsideration of Arbitrator's Decisions or Awards Made Pursuant to the Mandatory or Voluntary Arbitration Provisions of Labor Code Sections 5270 through 5275. [Renumbered]
- § 10867Report of Arbitrator. [Repealed]
- § 10869Report of Settlement Conference Referee. [Repealed]
- § 10870Approval of Compromise and Release. [Repealed]