On May 20th 2010, an injured worker who had represented himself, showed sufficient identification to gain entry into this State building across the street from the Department of Corrections where parolees report.  Secreting a knife, and taking advantage of the lack of metal detectors, he took the elevator to the 9th floor, apparently in search of Judge George Reny, who had recently issued him a “take nothing”.  A rambling “petition for reconsideration” was likewise denied. In short, he was "judge hunting".

Apparently this distraught worker elected to pursue a different appellate procedure other than a writ of review.  Not finding Judge Reny, he instead stabbed defense attorney Joe Rippinger, who was unfortunately seated in Department Three in Judge Reny’s courtroom calling a client.  A passing opponent, Daniel Perugini, helped ward off the attacker and subdue the accused until the CHP and LAPD responded.

At the June 17th 2010 proceeding, there was still only one uniformed CHP Officer in attendance in the Carmel Auditorium.  However, on the 9th Floor, there were roving private security guards and the courtrooms were also locked.  However, no metal detectors were present at the entry to the building.  We did learn, though, that there are a bank of security monitors on the first floor.  However, we could not confirm if they record to tape or to hard drive the people entering and exiting the building? Did they possibly videotape the accused entering the building?

The June 17th 2010 Lien Fiesta had the ambience of a cross between the bingo room at the Morongo Indian Reservation and a busy day at the DMV, with the exception there was no smoking allowed. Periodic loudspeaker announcements were made if one provider could not locate the opposition.  The lapel stickers issued corresponding to each case were too small to be discerned as a practical matter.  More imaginative representatives waved larger signs with their case numbers, while others simply barked out names and numbers.  The heat and lack of air circulation contributed to the chaos.

The Lien Fiesta was held as a result of an undisclosed backlog of liens at the LA WCAB.  According to Judge Devine, there are boxed liens which have yet to be entered into the EAMS paperless system.  The fiestas were designed to help catch up on the backlog, but no statistics were released by the WCAB as to how many liens were resolved.

Aside from the continuing security issue, another contentious issue is the new requirement that the carrier, self insured, or TPA, sign under penalty of perjury that all liens have been resolved.  As this requirement was patently contradicted by Judge Devine’s oral statement several days later that there are boxes of liens which have yet to be scanned to the system, many defense representatives refused to sign and instead had their cases set for trial on notice.

Just how this either/or option serves the administration of justice remains to play out.  There was general consensus that the WCAB has moved the bottle from one part of the system to another.  Now they face an avalanche of lien trials, another administrative hurdle which was addressed the following Friday, June 19, 2010 at Corky’s Restaurant, Sherman Oaks, California.

Los Angeles WCAB Judges Devine and Deweese both appeared at the Hearing Representative Association Luncheon sponsored by Floyd, Skeren and Kelly. Each made comments and admitted the proposed changes are not perfect.  Judge Devine stated that there will be no more Lien Fiestas in LA.  However, she also hinted that this Lien Fiesta concept may be utilized by other boards outside to help with their lien backlogs.

She announced the creation of a dedicated Lien Unit at the LA WCAB beginning July 2010. Judges Deweese and Devine alone will handle nothing but lien trials and related lien walk thrus.  Two additional judges will be assigned on a monthly rotating basis until the backlog is completely caught up.

There was a lively question and answer session with several passionate exchanges.  One question concerned “due process”, which Judge Deweese defined as “only the opportunity to be heard”.  Both Judges repeatedly reiterated the three Statute of Limitations' criterion for filing a lien: six months from the date of a C & R or Stip; five years after date of injury or one year after the lien provider provided services.  They also provided a hand out of the Tapia case and revealed there is now an agreed list of WCAB coding experts which the parties have to utilize or else resolve value disputes prior to lien trial.

However, the lien system is literally full of liens which are outside these Labor Code parameters.

Several defense representatives were heard to complain that lien providers wait until after carriers, TPA’s, and self-insureds, have destroyed their files until they file their liens.  As the defense then cannot prove the lien was previously resolved, duplicate payments result.

These issues and similar issues, including security, are certain to persist and one should expect an appellate case or two.  As the old saying goes:  “Justice delayed is justice denied."

Larry Kennedy is the nom-de-plume of a defense representative who defends his clients' interests against liens at the WCAB.