Where this sits
- Chapter 4.5.
- Division of Workers' Compensation
- Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
- Article 16. Liens
The regulation, as printed
(a) All defendants and lien claimants shall appear at all lien conferences, either in person or by attorney or non-attorney representative. Each defendant, lien claimant, attorney and non-attorney representative appearing at any lien conference: (1) Shall have sufficient knowledge of the lien dispute(s) to inform the workers' compensation judge as to all relevant factual and/or legal issues in dispute; (2) Shall have authority to enter into binding factual stipulations; and (3) Shall either have full settlement authority or have full settlement authority immediately available by telephone. (b) If a lien claimant fails to appear at a lien conference, the worker's compensation judge may issue a notice of intention to dismiss consistent with rule 10888, or defer the lien. (c) If a defendant does not appear, or for any other reason any lien claim(s) or lien issue(s) cannot be fully resolved at the lien conference, the workers' compensation judge shall take one of the following actions: (1) Set a lien trial and close discovery; (2) Upon a showing of good cause, allow a continuance of the lien conference to another lien conference; or (3) Upon a showing of good cause, order the lien conference off calendar. Good cause shall not include the delayed or late appointment of an attorney or non-attorney representative by a defendant or lien claimant or the delayed receipt of the defendant's or lien claimant's file by that attorney or non-attorney representative. The action taken shall apply to all unresolved lien claim(s) or lien issue(s). (d) For any lien claim(s) or lien issue(s) not fully resolved at the lien conference by an order signed by a workers' compensation judge and set for trial, the defendant(s) and lien claimant(s) shall prepare, sign, and file with the workers' compensation judge a Pre-Trial Conference Statement, which shall include: (1) All stipulations; (2) The specific issues in dispute; (3) All documentary evidence that might be offered at the lien trial; and (4) All witnesses who might testify at the lien trial. The right to present any issue, documentary evidence, or witness not listed in the Pre-Trial Conference Statement shall be deemed waived, absent a showing of good cause. Evidence not disclosed on the Pre-Trial Conference Statement or obtained thereafter shall not be admissible unless the proponent of the evidence can demonstrate that it was not available or could not have been discovered by the exercise of due diligence prior to the lien conference. (e) Any violation of the provisions of this rule may give rise to monetary sanctions, attorney's fees and costs under Labor Code section 5813 and rule 10421.
Authority and history
Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 4903, 4903.05, 4903.06, 4903.1, 4903.4, 4903.5, 4903.6, 4904, 5502 and 5502.5, Labor Code.
1. New section filed 12-23-93; operative 1-1-94. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 93, No. 52). 2. Amendment of penultimate paragraph filed 12-19-2002; operative 1-1-2003. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2002, No. 51). 3. Renumbering of former section 10875 to section 10705 and new section 10875 filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).
What panels did with this rule
Released decisions that named § 10875, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ16635028 · 2026-06-26 · Long Beach District Office8 CCR § 10875
Determinative passage · p.7Whether Sanctions Should be Imposed Against Lien Claimant and/or their Representative [t]he regulations mandate that lien claimants appear at all lien conferences, either in person or by attorney or non-attorney representative.1 The failure to appear at a hearing is sanctionable conduct.2 Sanctions are appropriate for failures to appear where a reasonable excuse is not offered or the offending party has demonstrated a pattern of such conduct.3 (Emphasis added.)
Sanctions are appropriate for failures to appear where a reasonable excuse is not offered or there is a pattern of conduct.
Official decision · page 7 → - ADJ15247947 · 2025-06-23 · Long Beach Office District Office8 CCR § 10875
Determinative passage · p.6WCAB Rule 10875 requires that all defendants and lien claimants must appear at all lien conferences. (Cal. Code Regs., tit. 8, § 10875.) When a lien claimant fails to appear, the WCJ may issue an NIT pursuant to WCAB Rule 10888, or may defer the lien. WCAB Rule 10888(c) states that "A dismissal for failure to appear at a hearing shall only issue if the lien claimant was provided with notice of the lien conference or trial." (Cal. Code Regs., tit. 8, § 10888(c).) In Fox, supra, 4 Cal.App.4th at p. 1205, the Court of Appeal held "that lien claimants may seek relief from the consequences of a failure to appear by utilizing a procedure substantially similar to Code of Civil Procedure section 473, until such time as the matter is more specifically addressed by statutory provision or Board rule." The Court explained, further, that, "[i]t is the policy of the law to favor, whenever possible, a hearing on the merits. Appellate courts are much more disposed to affirm an order when the result is to compel a trial on the merits than when the default judgment is allowed to stand. Therefore, when a party in default moves promptly to seek relief, very slight evidence is required to justify a trial court's order setting aside a default." (Id. at pp. 1205-1206.)
Lien claimant was served with notice and failed to appear; the Board must ensure due process before dismissing the lien.
Official decision · page 6 → - ADJ17569878 · 2025-04-28 · Riverside District Office8 CCR § 10875
Determinative passage · p.2Oracle did not attend the hearing. On November 20, 2024, defendant filed a Notice of Intent to Dismiss pursuant to WCAB Rule 10770.1 seeking dismissal of Oracle's lien due to their alleged failure to attend the November 4, 2024 Lien Conference. 1 On December 3, 2024, the WCJ issued a Notice of Intention to Dismiss Lien pursuant to "CCR 10888 and CCR 10875(b)" noting an intent to dismiss Oracle's lien "absent an objection showing good cause" within 10 days. Oracle did not file an objection. On December 23, 2024, the WCJ issued an Order Dismissing Lien. The Order was issued pursuant to a "Notice of Intention dated 11/27/2024 and served 12/03/24" and based upon Oracle's failure to issue an "objection within the time allowed[.]"
The WCJ issued a Notice of Intention to Dismiss Lien due to Oracle's failure to appear.
Official decision · page 2 → - ADJ11274250 · 2024-01-12 · Pomona District Office8 CCR § 10875
Determinative passage · p.3The NOI stated that the basis for dismissal was petitioner's "fail[ure] to appear for...conference/hearing on 09/26/2023"; however, upon review, there is nothing in the record to support this statement. The only evidence related to the September 26, 2023 lien conference consists of the Minutes of Hearing (MOH) issued that day; however, nowhere in the MOH did the WCJ note the alleged non-appearance by petitioner (or its representative). (Minutes of Hearing (MOH), September 26, 2023.) Absent an evidentiary basis for the NOI, the NOI was substantively defective and void ab initio, or from the start. Because the NOI was invalid, so was the resultant Order Dismissing.
The NOI was substantively defective and void because it was not supported by evidence of non-appearance, violating due process.
Official decision · page 3 →
Rules beside this one
Article 16. Liens — regulations rarely stand alone, and the answer is often two sections away.
- § 10870Approval of Compromise and Release. [Repealed]
- § 10872Notification of Resolution or Withdrawal of Lien Claims.2 decisions
- § 10873Lien Claimant Declarations of Readiness to Proceed.
- § 10874Verification to Filing of Declaration of Readiness to Proceed by or on Behalf of Lien Claimant.
- § 10876Fees Required at Lien Conference.
- § 10878Submission at Lien Conferences.