Resources, Better Information Are Vital In War On Fraud

by John P. Kamin (August 22, 2014)

Workers' compensation professionals have repeatedly questioned why insurance fraud is not prosecuted more frequently, in light of all of the unsavory behavior observed on the front lines.

Throughout the years, I've heard everyone from WCAB commissioners to claims adjusters to self-insured employers ponder the seemingly small ratio of fraud cases that are filed by district attorneys.

For decades, a large part of that question was answered with a single word: resources. In short, prosecutors lacked the staff to spend the time on fraud cases emanating from a system that they were often unfamiliar with.

Many Lien Representatives Ignore Notice of Representation Law

by John P. Kamin (August 15, 2014)

Many lien claimants are able to ignore a provision of Senate Bill 863 requiring notices of representation, primarily because judges and attorneys are not requiring lien representatives to produce them. 

When lawmakers approved Senate Bill 863 in September 2012, they added a provision to Labor Code 4903.6 mandating that all lien claimants provide notices of representation to employers, employers' representatives, the applicant, and the applicant's representative.

The statute requires lien claimants to provide the notices within five working days of acquiring or changing their lien representatives, and the notices must list the legal name, address, and telephone number of the representative.