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) The Appeals Board or a workers' compensation judge may order a lien dismissed for lack of prosecution, non-appearance by the lien claimant or failure to comply with the provisions of the Labor Code or these rules. (b) A lien claim may be dismissed for lack of prosecution on a petition filed by a party or on the Appeals Board's or the workers' compensation judge's own motion if the lien claimant fails to file a Declaration of Readiness to Proceed within: (1) 180 days after the underlying case of the injured employee or the dependent(s) of a deceased employee has been resolved or the injured employee or the dependent(s) of a deceased employee choose(s) not to proceed with the case; or (2) 180 days after a lien conference or lien trial is ordered off calendar if the lien claim was at issue. (c) A dismissal for failure to appear at a hearing shall only issue if the lien claimant was provided with notice of the lien conference or lien trial. (d) A dismissal for failure to comply with the Labor Code or these rules shall only be issued if the lien claimant has failed to comply with a statute or rule that provides that a lien may be dismissed for non-compliance. (e) Before issuing an Order dismissing a lien, the Workers' Compensation Appeals Board shall issue a Notice of Intention to Dismiss the lien claim consistent with rule 10832 that provides at least 10 days for the lien claimant to file and serve a response showing good cause why an Order dismissing the lien should not issue.
The statute above this rule
Every regulation names the Labor Code it was written under. This is where the two halves of the law meet.
ImplementsLabor Code § 5404.5
Authority and history
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 4903, 4903.05, 4903.06, 4903.1, 4903.4, 4903.5, 4903.6, 4904, 5502, 5502.5 and 5404.5, Labor Code.
1. New section filed 12-19-2002; operative 1-1-2003. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2002, No. 51). 2. Repealer and 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 § 10888, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ939270 · 2026-05-15 · Marina del Rey District Office8 CCR § 10888
Determinative passage · p.5The Order of Dismissal is void by operation of law as explained below. First, the WCJ may issue a notice of intention for any proper purpose, including allowing, disallowing, or dismissing a lien. (Cal. Code Regs., tit. 8, § 10832 (a)(1).) Specifically, the Appeals Board or a workers' compensation judge may order a lien dismissed for lack of prosecution where a lien claimant fails to file a Declaration of Readiness to Proceed within 180 days of resolution of the underlying case or 180 days after a lien conference or lien trial is ordered off calendar. (Cal. Code Regs., tit. 8, § 10888(b).) Before issuing an order dismissing a lien, the Appeals Board or WCJ "shall issue a Notice of Intention to Dismiss the lien claim consistent with rule 10832 that provides at least 10 days for the lien claimant to file and serve a response showing good cause why an Order dismissing the lien should not issue." (Cal. Code Regs., tit. 8, § 10888(e).) Due process requires the issuance of an NIT to dismiss a petition as a condition precedent to dismissal, thereby affording the interested party or parties an opportunity to be heard. (Fortich v. Workers' Comp. Appeals Bd. (Fortich) (1991) 233 Cal.App.3d 1449, 1452-1453 [56 Cal.Comp.Cases 537]; Cal. Code Regs., tit. 8, § 10850; Cal. Code Regs., tit.
The WCJ must issue a Notice of Intention to Dismiss the lien claim providing at least 10 days for the lien claimant to show good cause why dismissal should not issue.
Official decision · page 5 → - ADJ3278470 · 2026-05-01 · Van Nuys District Office8 CCR § 10888
Determinative passage · p.6Here, defendant filed a petition to dismiss numerous lien claims on February 25, 2025. On February 25, 2025, the WCJ issued a notice of intent to dismiss lien claims, providing that "Notice is hereby given that the following lien claims will be dismissed in accordance with Board Rule 10888, for lack of prosecution, 20 days after service hereof, unless good cause to the contrary is shown in writing within said timeframe...."
The notice of intent to dismiss lien claims was issued but Dr. Nehorayan timely objected, preventing dismissal of his lien.
Official decision · page 6 → - ADJ8511460 · 2025-09-08 · Los Angeles District Office8 CCR § 10888
Determinative passage · p.4II. The Order of Dismissal is void by operation of law as explained below. First, the WCJ may issue a notice of intention for any proper purpose, including allowing, disallowing or dismissing a lien. (Cal. Code Regs., tit. 8, § 10832 (a)(1).) Specifically, the Appeals Board or a workers' compensation judge may order a lien dismissed for non-appearance by the lien claimant. (Cal. Code Regs., tit. 8, § 10888(a).) Before issuing an Order dismissing a lien, the Appeals Board or WCJ "shall issue a Notice of Intention to Dismiss the lien claim consistent with rule 10832 that provides at least 10 days for the lien claimant to file and serve a response showing good cause why an Order dismissing the lien should not issue." (Cal. Code Regs., tit. 8, § 10888(e).) Additionally, a "dismissal for failure to appear at a hearing shall only issue if the lien claimant was provided with notice of the lien conference or lien trial." (Cal. Code Regs., tit. 8, § 10888(c).) However, an "order with a clause rendering the order null and void if an objection is received is not a Notice of Intention...." (Cal.
The Order of Dismissal was void because it did not comply with these notice and procedural requirements.
Official decision · page 4 → - ADJ15247947 · 2025-06-23 · Long Beach Office District Office8 CCR § 10888
Determinative passage · p.6WCAB Rule 10875 requires that all defendants and lien claimants must appear at all lien conferences. (Cal. Code Regs., tit. 8, § 10875.) When a lien claimant fails to appear, the WCJ may issue an NIT pursuant to WCAB Rule 10888, or may defer the lien. WCAB Rule 10888(c) states that "A dismissal for failure to appear at a hearing shall only issue if the lien claimant was provided with notice of the lien conference or trial." (Cal. Code Regs., tit. 8, § 10888(c).) In Fox, supra, 4 Cal.App.4th at p. 1205, the Court of Appeal held "that lien claimants may seek relief from the consequences of a failure to appear by utilizing a procedure substantially similar to Code of Civil Procedure section 473, until such time as the matter is more specifically addressed by statutory provision or Board rule." The Court explained, further, that, "[i]t is the policy of the law to favor, whenever possible, a hearing on the merits. Appellate courts are much more disposed to affirm an order when the result is to compel a trial on the merits than when the default judgment is allowed to stand. Therefore, when a party in default moves promptly to seek relief, very slight evidence is required to justify a trial court's order setting aside a default." (Id. at pp. 1205-1206.)
Lien claimant was served with notice and failed to appear; the Board must ensure due process before dismissing the lien.
Official decision · page 6 → - ADJ15469893 · 2025-05-06 · Anaheim District Office8 CCR § 10888
Determinative passage · p.6WCAB Rule 10875 requires that all defendants and lien claimants must appear at all lien conferences. (Cal. Code Regs., tit. 8, § 10875.) When a lien claimant fails to appear, the WCJ may issue an NIT pursuant to WCAB Rule 10888, or may defer the lien. WCAB Rule 10888(c) states that "A dismissal for failure to appear at a hearing shall only issue if the lien claimant was provided with notice of the lien conference or trial." (Cal. Code Regs., tit. 8, § 10888(c).)
The Board noted that dismissal of a lien for nonappearance requires proof that the lien claimant was provided notice of the hearing.
Official decision · page 6 → - ADJ17569878 · 2025-04-28 · Riverside District Office8 CCR § 10888
Determinative passage · p.2Oracle did not attend the hearing. On November 20, 2024, defendant filed a Notice of Intent to Dismiss pursuant to WCAB Rule 10770.1 seeking dismissal of Oracle's lien due to their alleged failure to attend the November 4, 2024 Lien Conference. 1 On December 3, 2024, the WCJ issued a Notice of Intention to Dismiss Lien pursuant to "CCR 10888 and CCR 10875(b)" noting an intent to dismiss Oracle's lien "absent an objection showing good cause" within 10 days. Oracle did not file an objection. On December 23, 2024, the WCJ issued an Order Dismissing Lien. The Order was issued pursuant to a "Notice of Intention dated 11/27/2024 and served 12/03/24" and based upon Oracle's failure to issue an "objection within the time allowed[.]"
The WCJ dismissed Oracle's lien for failure to appear and failure to object within the time allowed.
Official decision · page 2 →
Rules beside this one
Article 16. Liens — regulations rarely stand alone, and the answer is often two sections away.