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How to Stop the Bleeding for Lien Claimants www.workcompliens.com

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How to Stop the Bleeding for Lien Claimants www.workcompliens.com
2013
Some Questions from Providers and Lien Claimants in the 8th Month of SB 863, Regarding Lien
Collections, 2013 Disputes on How to Stop The Bleeding.
Written By Richard J Boggan JD
Juris Doctor, Law publisher of "Work Comp Collections Newsletters"
www.workcompliens.com
August 09, 2013
It is not a difficult task to say what one should do or not do in their collection disputes under the new
2013 laws. However, those on the front lines who are putting out fires, thriving to incorporate all the new
and complex laws, handling –pre-2013 files and those subject to SB 863, handling hearings, lien filing
fees and with the added complexity that 2014 is around the corner, are feeling this insurmountable
pressure to seek a solution to stop the bleeding.
Providers and lien claimants have some tough choices now and coming up, regarding pre-2013 files as
most have limited resources to invest in a lien activation fee. Although from an outsiders point of view
paying a lien activation seems a minor inconvenience and since the fee is reimbursable under specific
conditions it should not be causing the problems that are now prevalent at the board, and that is a very
novice point of view.
For small collection companies and or providers and for that matter large collection companies the
constricting of the available funds to pay lien filing fees, is the result of several years of laws that have
lessen receivables causing limited funds to allocate to these lien fees. Even less receivables in 2013, plus
the added sanctions and costs that have touched all providers and lien claimants, investing in a lien filing
fee is not a small endeavor, resulting in lien claimants waiting for the last minute to pay these lien
activation fees, hoping for a settlement prior to the lien conference and sometimes missing that time line
by hours.
There is doubt that most of these collection dispute files have some merit in seeking additional
reimbursement or payments for services when no payments were made. There is nothing more upsetting
and or unsettling then when a provider should get paid for his or her services whether it be $10 or
$100.000.00 dollars and that right to payment disappears because we were looking right instead of left, or
because we waited too long to assert payment or we were too busy saving another file to save all.
Providers and lien claimants are painstakingly looking for the short answer to stop the bleeding, turning to
everyone and anyone who may have the short answer and short cuts that they once enjoyed. Hoping for
that breach in the insurance companies’ line of defense to allow a floodgate of settlements to turn what
appears to be losing battle into a victory.
There is no short cut and waiting and hoping for that breach in the insurance companies defense is a
defeatist attitude, if it comes great, but depending on it means you lost the battle and possible the war, like
not paying your bills this month because you might win the lottery, could happen but unlikely.
Therefore, the solution is one word, “value”, which means exactly what it states; each collection dispute
file has to be treated as if it has value, and how does one value a collection dispute file?
There is no doubt that the collections laws of 2013 and the mandate of the enforcement of the burden of
proof by the 2012 En banc decision of Tito Torres v AJC Sandblasting; and Zurich North America
Nov 15, 2012 Case No. ADJ909554 LAO (0824849) and ADJ1856854 (LAO 0837910) 77 Cal.
1
Article August 09, 2013 www.workcompliens.com
How to Stop the Bleeding for Lien Claimants www.workcompliens.com
2013
Comp.Cases, has caused some providers and collection companies to feel that an unfamiliar language is
being spoken to them. Then we have the added fact that defense attorneys are bring up old defenses that
lost their validity years early and now asserted against an entirely new set of lien claimants who find
themselves forced to the WACB, when prior they just settled these claims.
Now let’s get back to the word “value”, when you value something, you take care of it and you make sure
it has what it needs. There is no doubt that it is difficult to give attention to all the disputed collection files
when racing the clock and especially when must collection companies and or providers have yet to
educate their collectors leaving this sole valuation of files to one or two persons , which is an impossible
task. Understanding that the laws in 2013 is not an easy thing to master, but it is no longer a choice and
has not been a choice since January 2013, or more accurately 2012.
Once again back to value, we know what the rules are and we know that each pre-2013 collection file has
to be prepared for the WCAB whether it ends up there or not, and waiting for the last minute to value that
file is the resulting sanctions and cost we see at the WCAB today.
Every collector, every filing clerk, every person that handles that disputed collection file has to add to it,
has to determine what it needs every time that file is handled, if a provider or collection company is to
save these receivables.
No longer can a collector open up a collection file make a call and close that file with a follow-up date, it
has to be given what it needs to show that it has value. This demand and rising of the level of job
responsibilities is not a temporary thing as it absolutely required under the 2013 laws for collection
disputes that fall under SB 863, valuation and development.
Once that file has value, and is given what it needs to show value, then we can start seeing that failure to
file a lien timely may still make that file collectable, or that filing a lien and paying the fee is not as
painful because we are not guessing and finally giving value to these pre and post 2013 collection files.
In addition, developing these files by all in a providers office and or collection company will allow one to
see that they do not need to write off mass collection files that most will by 2014,and may using the
present and past laws to make these files collectible, even when at first brush they appear uncollectable.
In short, one may be writing off collection files as uncollectable when indeed they have value and can
even prevail under the present laws if one knows how to incorporate and use the laws to reap the value of
those files.
Therefore, the short answer is that everyone in that providers office, everyone in that collection office has
to participate in the development and valuation of those files leaving it to one or two persons is an
impossible task especially when raising the level of responsibilities and expertise of all parties in the
collection process is a required under 2013 collections and not a matter of choice.
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Article August 09, 2013 www.workcompliens.com
How to Stop the Bleeding for Lien Claimants www.workcompliens.com
2013
New Product Working Manuals
3 Books for SB 863 Collections /2013 / 2014 with recorded Training
Lectures
Each Book Over 300 pages =900
See Index Book One:
Phone Collectors Book, Plus Recorded Lectures and Pleadings on Word
Documents
See Index Book Two:
Legal Book Plus Recorded Lectures /Word Documents
See Index Book Three:
Office Manager / Collection Managers Book Plus 20 Recorded Lectures See Index Book One:
Phone Collectors Book, Plus Recorded Lectures and Pleadings on Word
Documents
See Index Book Two:
Legal Book Plus Recorded Lectures /Word Documents
See Index Book Three:
Office Manager / Collection Managers Book Plus 20 Recorded Lectures
Written By Richard J Boggan JD
Juris Doctor, Law
publisher of "Work Comp
Collections Newsletters"
1 Book One for Phone Collector Book summary laws issues and common asked
questions / how to respond\ to certain issues easy to handle with index cards for quick
reference and time sheets as required for collections in 2013 and 2014
2. Book Two for Appearing at Court Book including pleadings , evidence including
codes and case law for pleadings
3.Book Three Office Manager / Collection Mangers Book on organization and laws
for collection in 2013 and 2014 including table of laws to address issues and FAQ
3
Article August 09, 2013 www.workcompliens.com
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