Section 4903.6 Of Chapter 1. Payment And Assignment From California Labor Code >> Division 4. >> Part 3. >> Chapter 1.
4903.6
. (a) Except as necessary to meet the requirements of Section
4903.5, a lien claim or application for adjudication shall not be
filed or served under subdivision (b) of Section 4903 until both of
the following have occurred:
(1) Sixty days have elapsed after the date of acceptance or
rejection of liability for the claim, or expiration of the time
provided for investigation of liability pursuant to subdivision (b)
of Section 5402, whichever date is earlier.
(2) Either of the following:
(A) The time provided for payment of medical treatment bills
pursuant to Section 4603.2 has expired and, if the employer objected
to the amount of the bill, the reasonable fee has been determined
pursuant to Section 4603.6, and, if authorization for the medical
treatment has been disputed pursuant to Section 4610, the medical
necessity of the medical treatment has been determined pursuant to
Sections 4610.5 and 4610.6.
(B) The time provided for payment of medical-legal expenses
pursuant to Section 4622 has expired and, if the employer objected to
the amount of the bill, the reasonable fee has been determined
pursuant to Section 4603.6.
(b) All lien claimants under Section 4903 shall notify the
employer and the employer's representative, if any, and the employee
and his or her representative, if any, and the appeals board within
five working days of obtaining, changing, or discharging
representation by an attorney or nonattorney representative. The
notice shall set forth the legal name, address, and telephone number
of the attorney or nonattorney representative.
(c) A declaration of readiness to proceed shall not be filed for a
lien under subdivision (b) of Section 4903 until the underlying case
has been resolved or where the applicant chooses not to proceed with
his or her case.
(d) With the exception of a lien for services provided by a
physician as defined in Section 3209.3, a lien claimant shall not be
entitled to any medical information, as defined in subdivision (g) of
Section 56.05 of the Civil Code, about an injured worker without
prior written approval of the appeals board. Any order authorizing
disclosure of medical information to a lien claimant other than a
physician shall specify the information to be provided to the lien
claimant and include a finding that the information is relevant to
the proof of the matter for which the information is sought. The
appeals board shall adopt reasonable regulations to ensure compliance
with this section, and shall take any further steps as may be
necessary to enforce the regulations, including, but not limited to,
impositions of sanctions pursuant to Section 5813.
(e) The prohibitions of this section shall not apply to lien
claims, applications for adjudication, or declarations of readiness
to proceed filed by or on behalf of the employee, or to the filings
by or on behalf of the employer.