The Subpoena Duces Tecum

Within the wonderful world of Worker’s Compensation, there lurks a tool that when utilized will require you to show up, answer questions and even makes you bring documents with you. This is known as a Subpoena for the Production of Documents, also known as the Subpoena Duces Tecum (hereinafter SDT).

What is “4850 time”?

by Kia Myers

          As a former police officer, I am quite familiar with this term.  However, many people are not, due to the specific application to a limited number of individuals in the labor force as a whole.  “4850 Time” refers to Labor Code § 4850, which provides up to one year of leave of absence at full pay, without tax deduction, for police officers, firefighters and “other” safety personnel when temporarily totally disabled due to an industrial injury.  The benefit may start and stop several times and does not need to be continuous.  It can be given up to five years from the date of injury so long as it starts again before the five year anniversary has passed.

          This article will address some of the “who”, “what”, “when”, “where”, “how” and “why” questions that are asked in an attempt to clarify this somewhat confusing section of the Labor Code.

Navigating Lien Issues Post SB-863

by Alec Bradford 
This article will provide a brief summary of the environment for lien claims post SB 863.

          SB 863 has changed the landscape regarding the litigation of liens.  Even before its scheduled enactment on January 1st 2013, the effects of the bill were noted with a flood of lien claimants filing DOR’s in an attempt to avoid the $100 appearance fee authorized by Labor Code Section § 4903.06 and 8 Cal Code Regs § 10208(a). A $150 lien filing fee for all liens filed after January 1, 2013 was included in Labor Code Section § 4903.05. This has caused quite a bit of consternation among lien claimants, and subsequent attempts to skirt these regulations have been rebuffed by the WCAB.

We have witnessed multiple rulings which are signaling a shift in the WCAB’s handling of liens, providing additional teeth to the legislation enacted by SB 863. The Board has consistently found that lien claimants who do not pay the appearance fees timely will have their lien claims will have their liens dismissed with prejudice [1].   Simultaneously, the Board has indicated an increased willingness to issue sanctions for lien claimants that fail to meet their burden of proof [2], as well as an increased willingness to sanction or even suspend non-attorney lien claimant hearing representatives who commit conduct that would be considered sanctionable if committed by an attorney [3].