This matter has been taken care of at least a year ago. in the special comments instructions it states that applicant need not appear ; All lein claims of records still in sispute appear my concerns is that am i the applicant in this case don"t quite understand .
As the notice indicates you, as the applicant, do not need to appear. Only lien holders and the defense need to appear. Outstanding liens (for medical care, copy services, etc) need to be resolved or their issues need to proceed to trial and this hearing is to get that moving.
The Lien claims of the medical and other providers are being dealt with at that hearing. Those claims do not affect your recovery or your case. That is why you do not have to appear.
When you receive a notice for a lien conference or lien trial, the injured worker (applicant) usually does not need to appear.
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If you had any treatment that wasn't being paid for directly by work comp, those medical service providers try to get the money back from work comp. Lets say that you went to a hospital or received chiro treatment and it was done on a lien basis (meaning the doctor didn't get paid by the work comp insurance). Those who provided the medical services have the right to try to get work comp to pay them back.
Every injured worker is held harmless to these disputes, because applicants like you are never responsible to pay for medical treatment in the workers comp system. That is why you don't need to go. It has nothing to do with you personally. It is the doctors and treaters trying to get money back. You are always "held harmless."
This happens quite frequently in southern California because many doctors are willing to help injured workers up front and request money later.
Based on the Notice of your hearing, it appears that you are having a Lien Conference, which is the type of hearing required when a doctor or clinic has provided you with medical services yet the insurance carrier is unwilling to pay for those services. So it's a hearing for the insurance carrier and lien claimants to resolve their issue(s).
J. Steve Franco, Esq. is licensed in the State of California. All answers provided, regardless of jurisdiction, should be construed as "informational" only and not legal advice without a complete review of your case due to the limited facts presented. No representations or guarantees are made by any answer. Replying to a question does not create an attorney/client relationship. Replies are based upon "general" Workers' Compensation principles or laws which are subject to change or modification by reforms or caselaw and differ from jurisdiction to jurisdiction. Consulting with an attorney to discuss all facts and current status of the law in your State is recommended.
If this is based on a lien dispute, then sometimes, we require your testimony in order to resolve lien disputes. Nothing to worry about.
If the defendant is appealing the outcome of the case in chief, then you should go back to the attorney that represented you so that he/she may help defend you in the appeal.
The only time you have to appear is if your case is still open and your benefits are still at issue. If you signed a C&R and t was approved, then you would only appear if there was a subpoena or order for your appearance.
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