Barri v. WCAB
Last Activity: 10/19/2018
The Institute obtained an order publishing a Court of Appeal decision denying a request from a convicted provider who sought to enjoin the WCAB from suspending providers from the workers' compensation system, and from staying their liens. Chiropractor Michael Barri contended that the lien stay provisions interfered with his right to counsel and violated prohibitions against ex post facto laws. While acknowledging that the Division had been slow to implement procedures, the court held that a workers' compensation lien represents only a statutory remedy, and merely an unreliable expectancy in a payment. As such, it is not entitled to broad constitutional protections. Furthermore, because the WCAB has exclusive jurisdiction over the creation, adjudication, and payment of liens, a lien claimant has no other remedies available to recover payment for services. [G054838] [28 CA5th 428, 83 CCC 1643]