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The DWC WCAB 6 form is an essential document within the California Workers' Compensation system, specifically utilized for lien claims. This form serves to formally notify the Workers' Compensation Appeals Board of a lien request associated with an injured worker's claim. The form collects pertinent details such as the date of the original lien, case number, and specifics regarding the injured worker, including their social security number and birth date. It distinguishes between a specific injury and a cumulative injury by allowing applicants to mark the relevant situation, including the start and end dates for cumulative injuries. Furthermore, the lien claimant must provide their name, address, and contact details to facilitate communication. The form also allows lien claimants to seek compensation for various expenses, such as attorney’s fees, medical expenses, and reasonable living or burial expenses, citing specific labor codes that underpin these claims. Notably, it mandates the inclusion of an itemized statement justifying the lien amount claimed. Lastly, the DWC WCAB 6 form requires signatures from the lien claimant and their legal representative, confirming that all necessary documents were properly served to the involved parties, ensuring transparency and accountability in the process.

Dwc Wcab 6 Example

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STATE OF CALIFORNIA DIVISION OF WORKERS' COMPENSATION

WORKERS' COMPENSATION APPEALS BOARD

NOTICE AND REQUEST FOR ALLOWANCE OF LIEN

Print Form

Date Of Original Lien:

MM/DD/YYYY

Case No.

(Choose only one)

a specific injury on

(DATE OF INJURY: MM/DD/YYYY)

Original Lien

Amended Lien

a cumulative injury which began on

and ended on

 

(START DATE: MM/DD/YYYY)

 

(END DATE: MM/DD/YYYY)

SSN (Numbers Only)

Injured Worker:

(DATE OF BIRTH: MM/DD/YYYY)

 

First Name

 

 

 

 

 

MI

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Address/PO Box ( Please leave blank spaces between numbers, names or words)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City

 

 

 

 

State

 

 

Zip Code

 

 

Attorney/Representative for Injured Worker:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Lien Claimant (Completion of this section is required):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Name of Organization filing lien (for individual lien claimants, leave blank)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

First Name of Individual filing lien(organizational lien claimants, leave blank)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Last Name of Individual filing lien(organizational lien claimants, leave blank)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Address/PO Box ( Please leave blank spaces between numbers, names or words)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Phone

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

DWC/ WCAB Form 6 (Page 1) Rev(11/2008)

 

 

Lien Claimant's Attorney/Representative, if any

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Law Firm/Attorney

Non-Attorney Representative

Lien Claimant not represented

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Lien Claimant Law Firm/Representative

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

First Name

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Last Name

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Address/PO Box ( Please leave blank spaces between numbers, names or words)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Address/PO Box ( Please leave blank spaces between numbers, names or words)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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State

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Insurance Carrier or Claims Administrator

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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City

 

 

 

 

 

 

 

State

 

Zip Code

 

 

Employer or Claims Administrator Attorney/Representative (if known)

Name

Address/PO Box ( Please leave blank spaces between numbers, names or words)

 

 

 

 

Zip Code

City

State

DWC/ WCAB Form 6 (Page 2) Rev(11/2008)

The lien claimant hereby requests the Workers' Compensation Appeals Board to determine and allow as a lien the sum

of $

against any amount now due or which may hereafter become payable as

Total Lien Amount

compensation to the above-named employee on account of the above-claimed injury.

This request and claim for lien is for (mark appropriate box):

A reasonable attorney's fee for legal services pertaining to any claim for compensation either before the appeals board or before any of the appellate courts, and the reasonable disbursements in connection therewith. (Labor Code § 4903 (a).)

The reasonable expense incurred by or on behalf of the injured employee, as provided by Labor Code § 4600. (Labor Code § 4903 (b).)

Reasonable expense incurred by or on behalf of the injured employee for medical-legal expenses. (Labor Code § 4903 (b).)

The reasonable value of the living expenses of an injured employee or of his or her dependents, subsequent to the injury. (Labor Code § 4903 (c).)

The reasonable burial expenses of the deceased employee. (Labor Code § 4903 (d).)

The reasonable living expenses of the spouse or minor children of the injured employee, or both, subsequent to the date of the injury, where the employee has deserted or is neglecting his or her family. (Labor Code § 4903 (e).)

The reasonable fee for interpreter's services performed on

 

20

 

. (Labor Code § 4600 (f).)

The amount of indemnification granted by the California Victims of Crime Program. (Labor Code § 4903 (i).)

The amount of compensation, including expenses of medical treatment, and recoverable costs that have been paid by the Asbestos Workers' Account. (Labor Code § 4903 (j).)

Other Lien(s): Specify nature and statutory basis.

NOTE: ITEMIZED STATEMENT JUSTIFYING THE LIEN MUST BE ATTACHED

A copy of the lien claim and supporting documents was served by mail or delivered to each of the above-named parties.

 

 

 

 

 

(Signature of Attorney/Representative for Lien Claimant)

(Signature of Lien Claimant)

Date (MM/DD/YYYY)

DWC/ WCAB Form 6 (Page 3) Rev(11/2008)

Form Characteristics

Fact Name Description
Purpose The DWC WCAB 6 form is used to request the Workers' Compensation Appeals Board to allow a lien for certain expenses related to an injured worker's claim.
Governing Law This form operates under several sections of California Labor Code, primarily Section 4903, which outlines the conditions under which liens may be claimed.
Types of Liens Claimants can seek liens for various expenses, including attorney's fees, medical expenses, burial costs, and living expenses for dependents.
Submission Requirement An itemized statement justifying the lien must be attached to the form when submitted, along with proof of service to all parties involved.

Guidelines on Utilizing Dwc Wcab 6

Completing the DWC WCAB 6 form is essential for submitting a lien request to the Workers' Compensation Appeals Board in California. The information you provide must be accurate and clearly presented. Attention to detail is important; incomplete or incorrect forms may lead to delays in processing your request.

  1. Begin by entering the Date Of Original Lien: using the format MM/DD/YYYY.
  2. Select the Case No. by choosing only one option: either for a specific injury or a cumulative injury. Fill in the corresponding Date of Injury or Start and End Dates as appropriate.
  3. Fill in the SSN of the injured worker (numbers only).
  4. Provide the Injured Worker’s information, including Date of Birth, First Name, Middle Initial, and Last Name.
  5. Enter the Address/PO Box, City, State, and Zip Code for the injured worker.
  6. Complete the section for the Attorney/Representative for the injured worker, if applicable, by providing their Name and contact information.
  7. In the Lien Claimant section, provide the Name of Organization filing the lien. If the lien claimant is an individual, leave this blank and enter the individual's First and Last Name.
  8. Fill out the Address/PO Box, City, State, and Zip Code for the lien claimant.
  9. Include the Phone number of the lien claimant.
  10. Provide details for the Lien Claimant’s Attorney/Representative, if any, by listing the Law Firm/Attorney name.
  11. Complete the Employer Name and Address/PO Box, followed by City and Zip Code.
  12. Add the Insurance Carrier or Claims Administrator Name and their Address/PO Box, followed by City and Zip Code.
  13. If known, provide the information for the employer or claims administrator's Attorney/Representative.
  14. Now, in the section requesting the Total Lien Amount, indicate the sum requested and check the appropriate box for the type of lien claim you are submitting.
  15. Attach an Itemized Statement justifying the lien request.
  16. Finally, sign and date the form in the provided spaces by the Attorney/Representative and the Lien Claimant.

Ensure you double-check your entries for accuracy and completeness before submitting the form. An incomplete submission may result in processing delays. Once completed, the form should be sent to the appropriate parties for processing, along with any necessary supporting documents.

What You Should Know About This Form

What is the DWC WCAB 6 Form and its purpose?

The DWC WCAB 6 Form serves as a notice and request for the allowance of a lien within California’s workers' compensation system. Essentially, this form is used by parties who have incurred expenses due to a workplace injury and are seeking reimbursement. Those filing the form are usually lien claimants, which can include medical providers, attorneys, or other service providers who have rendered assistance or services to the injured worker. By submitting this form, they officially request that the Workers' Compensation Appeals Board recognize and allow their lien against any compensation due to the injured employee.

Who should fill out the DWC WCAB 6 Form?

The form should be filled out by individuals or organizations that believe they are entitled to reimbursement for costs related to an injured employee's claim. This could include medical expenses, legal fees, or other related costs. The injured worker, or their attorney, also has a role in this process, as they may need to provide certain details about the injury and the employer. Each section of the form must be completed carefully, providing accurate information about all parties involved, including the lien claimant's details and the nature of the expenses incurred.

What information is required on the DWC WCAB 6 Form?

Filling out the DWC WCAB 6 Form requires detailed information about the case and parties involved. First, the forms ask for the date of the original lien and the case number, which helps categorize the claim. Then, personal details about the injured worker must be provided, including their date of birth and social security number. Additionally, the form requires information about the lien claimant, including their contact details and the nature of the lien being claimed, such as legal fees or medical expenses. Importantly, an itemized statement justifying the lien must be attached, ensuring that all claims are supported with documentation.

What happens after submitting the DWC WCAB 6 Form?

Once the DWC WCAB 6 Form is submitted, the Workers' Compensation Appeals Board will review the request. This review process is meant to ensure that the lien being claimed is valid and justified. If the board approves the lien, the claimant may receive the requested funds from any compensation awarded to the injured worker. However, if there are disputes regarding the lien, a hearing may be scheduled to resolve any issues. Importantly, the timely submission of this form is essential, as delays can complicate or jeopardize the claim for reimbursement.

Common mistakes

Filling out the DWC WCAB 6 form can be a complex process. Many individuals make mistakes that can cause delays or complications with their claims. One common error is failing to provide the correct dates for the injury or lien. Accurate dates are crucial for validating the claim. If the dates do not match the official records, this can result in rejection of the lien.

Another frequent issue involves incomplete information. Some individuals might neglect to fill out essential sections, such as the injured worker's details or the lien claimant's information. Omitting required data can lead to significant processing delays. Ensure all fields, especially names and addresses, are completed accurately.

Additionally, many submitters do not attach the required supporting documentation. This documentation is vital as it justifies the lien claim. Without it, the request may be dismissed. Be sure to include an itemized statement outlining the expenses related to your claim.

People often misinterpret the nature of the lien. Understanding which type of lien you are submitting—whether it's for medical expenses, attorney fees, or other costs—is crucial. Misclassifying the lien can complicate the approval process. Always double-check to ensure that you have marked the appropriate boxes on the form.

Another mistake involves the signature section. Some individuals either forget to sign the form or include a signature from someone who is not authorized to represent the lien claimant. This oversight can render the lien invalid. Always ensure that the correct representative signs the document.

Lastly, format errors can occur. This includes not leaving sufficient spaces in address fields or using unconventional formats. Such errors might seem minor, but they can trigger further inquiries from the Workers' Compensation Appeals Board or cause delays. It is essential to follow the formatting guidelines precisely, ensuring that all information is easily readable and correctly spaced.

Documents used along the form

The DWC WCAB 6 form is an essential document in the California workers' compensation system, particularly for lien claims. When filing this form, it is common to also use other documents that provide necessary details about the claim. Below is a list of these related forms and documents. Each serves a specific purpose in supporting the claims process.

  • Application for Adjudication of Claim: This form initiates the claims process. It sets the stage for disputes regarding a workers' compensation claim and outlines the specifics of the case.
  • Notice of Wearing Lien: This document formally notifies other parties about a lien being placed on the worker's compensation claim. It ensures that all involved are aware of the financial interests being claimed.
  • Declaration of Readiness to Proceed: This form signals the readiness of a party to move forward with litigation. It is often required before a hearing can be scheduled.
  • Proof of Service by Mail: This document verifies that all necessary parties have been informed of the lien claim and any associated proceedings, ensuring transparency and compliance.
  • Medical Records Release Form: Often necessary for obtaining medical documentation, this form allows access to an injured worker’s medical history, relevant for substantiating claims.
  • Supporting Documents for Lien Request: These documents provide a breakdown of expenses claimed and justification for the lien, including invoices or receipts for services rendered.
  • Notice of Intention to Lien: This document serves as a preliminary notice before formally filing a lien claim. It alerts the other parties of the pending claim.
  • Statement of Facts: A detailed account of the circumstances surrounding the injury and claim. It supports the lien request by providing context and clarity on the situation.
  • Request for Interpreter Services: If necessary, this form requests an interpreter to assist during hearings or meetings, ensuring clear communication for non-English speakers.
  • Settlement Agreement: If negotiations occur, this document outlines any agreed-upon settlements and helps finalize terms between parties involved.

Understanding these forms and their purposes is vital for anyone involved in the workers' compensation process. Proper documentation ensures that each party's rights and claims are respected, ultimately leading to a smoother resolution of the case.

Similar forms

The DWC WCAB Form 6 serves a specific purpose within the realm of workers' compensation claims in California. Several other documents are similar in function or intent. Below is a brief list detailing those documents and how they relate to the DWC WCAB Form 6.

  • Application for Adjudication of Claim: This document initiates the formal process for workers' compensation claims. Like the DWC WCAB Form 6, it seeks to address financial issues related to an injured worker, particularly regarding compensation for their injury.
  • Declaration of Readiness to Proceed: This form indicates a party’s readiness to bring a matter before the Workers' Compensation Appeals Board. Both forms are essential for resolving disputes related to claims and financial liabilities.
  • Notice of Appeal: This document serves to notify relevant parties that one is appealing a decision made by the Workers’ Compensation Appeals Board. Similar to the DWC WCAB Form 6, it maintains the focus on legal issues and financial claims arising from a workers' compensation case.
  • Request for Assignment of Administrative Law Judge: This request is made to assign a judge for formal hearings. Both the Request and the Form 6 aim to facilitate the resolution of disputes concerning workers' compensation claims, though through different mechanisms.
  • Petition for Costs: This document outlines the costs incurred during a workers' compensation proceeding. As with the DWC WCAB Form 6, it addresses the financial aspects linked to an employee's claim and legal representation.
  • Lien Claimant's Response: This form allows lien claimants to respond to disputes raised against their lien claims. It shares similarities with the Form 6 in that it seeks to protect the financial interests of parties involved in the workers' compensation process.

Dos and Don'ts

When filling out the DWC WCAB 6 form, follow these guidelines to ensure accuracy and compliance.

  • Do make sure to include all necessary dates and details, such as the date of the original lien and the dates of injury.
  • Do double-check all names and addresses. An error can lead to processing delays.
  • Do indicate whether the lien is original or amended clearly.
  • Do attach a detailed itemized statement justifying the lien claims.
  • Don't leave any required fields blank. Incomplete information can result in rejection of the form.
  • Don't use abbreviations or short forms. Write everything out clearly to avoid confusion.
  • Don't forget to sign the form. An unsigned form is invalid.
  • Don't submit without ensuring a copy of the lien claim and supporting documents has been served to all necessary parties.

Misconceptions

  • It's only for injuries at work. The DWC WCAB 6 form can be used for medical-legal expenses related not just to workplace injuries but also to related issues.
  • You can file it anytime. There are deadlines for filing this form. It's important to submit it within the time limits set by California law.
  • All lien claims will be approved. Not all requests for liens are granted. The Workers' Compensation Appeals Board must evaluate each claim carefully.
  • You need a lawyer to file a lien. While having a lawyer can be beneficial, it's not mandatory. Individuals can file liens on their own.
  • Only employers can dispute liens. Both employers and insurance carriers have the right to challenge lien claims.
  • Filing a lien means you will get paid immediately. Filing a lien does not guarantee payment. It simply allows you to be considered for reimbursement.
  • All expenses are covered under the lien. Only certain types of expenses qualify. It’s essential to review the list of allowable expenses carefully.
  • The lien is permanent. Liens can be resolved or disputed, which means they are not always a lasting claim.
  • It's unnecessary to keep records. Proper documentation is crucial. Attach an itemized statement justifying the lien when you file.
  • If denied, the lien can't be appealed. You can appeal the decision if your lien claim is denied, following the proper procedures outlined by the board.

Key takeaways

Here's what you should know about filling out and using the DWC WCAB 6 form:

  • Use this form to request a lien for workers' compensation claims in California.
  • Be sure to include the date of the original lien and the case number at the top of the form.
  • Indicate whether your lien is for a specific or cumulative injury by checking the appropriate box.
  • Always provide accurate personal information for the injured worker, including their Social Security Number and date of birth.
  • If you're representing the injured worker, include your name and contact information in the attorney/representative section.
  • The lien claimant must be identified clearly. Fill out the details for the organization or individual filing the lien.
  • Make sure to specify the total lien amount being claimed.
  • Detail the basis for your claim by checking all relevant boxes—this may include attorney fees, medical expenses, or living expenses.
  • Attach an itemized statement justifying the lien to the form as required.
  • Ensure all parties involved have been served a copy of the lien claim and supporting documents.

Completing the DWC WCAB 6 form accurately is crucial for a successful lien claim.