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The DWC WCAB 6 form plays a crucial role in California’s workers' compensation system, specifically addressing the process of filing a lien. This form allows lien claimants—those who believe they are owed money related to an injured worker's claim—to formally request a review by the Workers’ Compensation Appeals Board. It encompasses various essential details such as the dates of injury, the nature of the claim, and the parties involved, ensuring that all required information is accurately captured. The form prompts lien claimants to specify the amount they are seeking, which can include not only attorney’s fees but also medical expenses and living costs incurred due to the injury. Liability is a key consideration, as the board must determine if these expenses are valid under California's labor laws. By submitting this form, the lien claimant can assert their rights and obligations, facilitating a fair resolution in the workers' compensation process. Understanding the components and significance of the DWC WCAB 6 form can empower injured workers and their representatives as they navigate these often complex legal waters.

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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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Last Name

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City

 

State

 

 

 

Zip Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City

 

 

State

 

Zip Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State

Zip Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Employer

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Zip Code

 

 

 

City

 

 

 

 

 

 

State

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Insurance Carrier or Claims Administrator

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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)

Document Specifications

Fact Name Details
Purpose of the Form The DWC WCAB 6 form is used to request the allowance of a lien for various costs related to a workers' compensation claim.
Governing Law This form is governed by California Labor Code, specifically sections 4903 and 4600.
Filing Requirements The lien claimant must provide an itemized statement justifying the lien and serve a copy of the claim to all relevant parties.
Types of Claims The form allows for multiple types of claims, including attorney’s fees, medical expenses, and living or burial expenses.
Form Revision Date The current version of the DWC WCAB 6 form was revised in November 2008.

Steps to Filling Out Dwc Wcab 6

After preparing the form, follow these clear steps to ensure it is filled out correctly. Completing the DWC WCAB 6 form accurately is essential for it to be processed without delays.

  1. Start by entering the Date of Original Lien in the specified format (MM/DD/YYYY).
  2. Choose and mark one case number option for either a specific or cumulative injury.
  3. For specific injuries, provide the Date of Injury. For cumulative injuries, enter the Start and End Dates.
  4. Fill in the Social Security Number of the injured worker.
  5. Enter the Injured Worker’s Name including First Name, Middle Initial, and Last Name.
  6. Complete the Address section for the injured worker, including City, State, and Zip Code.
  7. If applicable, provide the Attorney/Representative Name, along with their Address, City, State, and Zip Code.
  8. In the lien claimant section, provide the name of the filing organization or the individual, along with their required details.
  9. Add the Phone Number for the lien claimant.
  10. If represented, include the information of the Lien Claimant's Attorney/Representative and indicate whether it’s a law firm or a non-attorney representative.
  11. Provide the Employer Name and their Address, City, State, and Zip Code.
  12. Input the Insurance Carrier or Claims Administrator Name, along with their Address and other relevant details.
  13. Now, state the Total Lien Amount being requested.
  14. Select the appropriate box to indicate the reason for the lien request, based on one of the options provided.
  15. Attach an Itemized Statement justifying the lien and ensure it is included with the form.
  16. Finally, ensure the signatures of both the Lien Claimant and their Attorney/Representative are present along with the date.

More About Dwc Wcab 6

What is the purpose of the DWC WCAB 6 form?

The DWC WCAB 6 form is used to request the Workers' Compensation Appeals Board to recognize and allow a lien for expenses related to workers' compensation claims. This may include attorney fees, medical expenses, or other related costs incurred on behalf of the injured worker.

Who should file the DWC WCAB 6 form?

The form should be filed by lien claimants, which can include attorneys, medical providers, or organizations that have provided services or benefits to the injured worker and are seeking reimbursement from the workers' compensation benefits awarded.

What information is required to complete the DWC WCAB 6 form?

Completion of the form requires details such as the date of the original lien, case number, injured worker’s information, lien claimant’s information, and a total lien amount. Additionally, you must indicate the type of expenses being claimed, selecting the appropriate box that matches your situation.

Can I amend a previously filed lien using the DWC WCAB 6 form?

Yes, if you need to amend a previously filed lien, you can indicate that on the form. Make sure to provide the updated information and explanation for the amendment as required by the filing instructions.

Is there a deadline for filing the DWC WCAB 6 form?

Timely filing is crucial in workers' compensation cases. While specific deadlines can vary based on the case, it’s generally advisable to submit the lien as soon as relevant expenses have been incurred or services rendered. Check with relevant authorities for specific deadlines that may apply to your situation.

What happens after I submit the DWC WCAB 6 form?

Once the form is submitted, the Workers' Compensation Appeals Board will review the claim. An order will be issued that determines whether the lien is allowed. All involved parties, including the injured worker and employer, will be notified of the decision.

What should I do if my lien is disputed?

If your lien is disputed, you may need to provide further documentation to support your claim. It may also be necessary to attend a hearing before the Workers' Compensation Appeals Board. Consulting with a legal professional can help you navigate this process effectively.

Common mistakes

  1. Inaccurate Dates: Filling in incorrect dates for the injury or the lien can lead to complications. Ensure all dates are properly formatted and accurate.

  2. Incomplete Information: Failing to provide all required information can delay the processing of the form. Pay attention to each section and fill it out completely.

  3. Incorrect Contact Details: Providing wrong phone numbers or addresses for parties involved may hinder communication. Double-check all contact information for accuracy.

  4. Missing Signatures: Forgetting to sign the form can invalidate your request. Both the lien claimant and their attorney must provide the necessary signatures.

  5. Failure to Attach Supporting Documents: Not including the required itemized statement or other supporting documents can result in rejection of the lien claim. Make sure all documents are attached as required.

  6. Choosing the Wrong Case Type: Selecting the incorrect type of lien (original or amended) can complicate the process. Review your case type and mark the appropriate box accurately.

Documents used along the form

The DWC WCAB 6 form is a key document used in the workers' compensation process, specifically for lien claims in California. Several other forms and documents are typically utilized alongside the DWC WCAB 6 form to ensure that all relevant information is properly gathered and processed. Below is a list of commonly associated forms and documents.

  • Notice of Injury: This document informs relevant parties about the injury sustained by the employee. It includes details such as the date, time, and nature of the injury, which are essential for establishing the facts of the case.
  • Application for Adjudication: Used to formally initiate a claim for workers' compensation benefits. This application serves as the basis for the case and outlines the employee's injuries, treatment history, and requested benefits.
  • Declaration of Readiness to Proceed: This form signals that the claimant is ready for a hearing regarding their claim. It indicates that all necessary information has been gathered and that the claimant is prepared to present their case to the Workers' Compensation Appeals Board.
  • Medical Report: This document provides detailed medical information about the employee's injuries, treatment, and prognosis. It serves as vital evidence in determining the extent of the injury and the appropriate compensation.
  • Proof of Service: A critical form that confirms all parties involved have received necessary documentation related to the case. Proper service ensures that the rights of all parties are maintained throughout the process.
  • Notice of Lien: This document formally establishes a lien against the employee’s workers' compensation benefits. It includes details about the amount being claimed and the nature of the expenses that justify the lien.
  • Interrogatories: A set of written questions delivered to the opposing party, aimed at obtaining specific information related to the case. Responses to these questions can influence the development and outcome of the claim.
  • Settlement Agreement: If a resolution is reached, this document outlines the terms of the settlement between the parties involved. It details the compensation to be awarded and any conditions for acceptance.

These additional documents play an essential role in the workers' compensation process. By ensuring that all necessary information is collected and presented, they help facilitate a smoother resolution and aid in protecting the rights of injured workers and lien claimants alike.

Similar forms

The DWC WCAB 6 form is often compared to the DWC WCAB 1 form, which serves as a notice of claim form. Much like the DWC WCAB 6 form, the DWC WCAB 1 document is used to initiate a request regarding benefits associated with a work-related injury. While the DWC WCAB 6 focuses on the allowance of a lien related to medical or legal expenses, the DWC WCAB 1 tends to address the initial claim for benefits, providing an opportunity for injured workers to communicate their need for compensation directly to the Workers' Compensation Appeals Board.

Another similar document is the DWC WCAB 2 form, which is a request for adjustments or changes to existing liens or claims. This form, like the DWC WCAB 6, facilitates the dialogue between injured workers and the appeals board regarding financial claims. While the DWC WCAB 6 details specific liens, the DWC WCAB 2 allows for corrections or modifications in previously submitted claims, ensuring that all parties have the most current information regarding their requests for compensation.

The DWC WCAB 10 form, also known as the Declaration of Readiness to Proceed, shares similarities with the DWC WCAB 6 form in that it is part of the litigation process related to workers' compensation claims. While the DWC WCAB 6 is used to claim a lien, the DWC WCAB 10 is utilized to indicate readiness for a hearing regarding the underlying claim. Both documents aim to streamline communication and resolve issues surrounding claims, although they serve distinct roles in the process.

An additional form, the DWC WCAB 22, can also be likened to the DWC WCAB 6. The DWC WCAB 22 is used to file an application for adjudication of a claim. Much like the DWC WCAB 6, this form enables either party to present their case before the appeals board. The process for both forms necessitates thorough adherence to stipulations regarding submissions and serving notice to all relevant parties involved in the claims process.

The DWC WCAB 14 form, which is a lien conference statement, parallels the DWC WCAB 6 form through its emphasis on addressing lien claims. The DWC WCAB 14 provides a framework for detailing disputed issues related to liens, whereas the DWC WCAB 6 is a formal request for lien allowance based on expenses or fees incurred. Both forms aim to establish clarity regarding financial claims resulting from workers' compensation cases.

Similarly, the DWC WCAB 15, which is used to dispute or respond to a lien claim, also has a connection to the DWC WCAB 6 form. While the DWC WCAB 6 seeks to establish a claim for lien allowance, the DWC WCAB 15 functions as a response to potential conflicts surrounding that claim. This interaction is crucial in ensuring all claims are fairly evaluated and resolved, highlighting the importance of documentation in the appeals process.

The last document to mention in connection with the DWC WCAB 6 form is the DWC WCAB 13 form, which is used for settlements involving lien claims. In a similar vein, the DWC WCAB 6 outlines the expenses for which the lien claimant seeks repayment. The DWC WCAB 13 serves as a tool for resolving disputes by establishing a formal settlement process for those lien claims, ultimately aiding in the expedient resolution of financial obligations arising from work-related injuries.

Dos and Don'ts

When completing the DWC WCAB 6 form, it is crucial to adhere to certain guidelines to ensure accuracy and compliance. Below is a list of what you should and should not do in this process.

  • Do use the correct date format (MM/DD/YYYY) for all dates.
  • Do fill in all required fields completely and legibly.
  • Do ensure that names are spelled correctly, matching official documents.
  • Do attach an itemized statement justifying the lien as required.
  • Do provide accurate and complete contact information for all parties involved.
  • Don't forget to leave blank spaces between numbers, names, or words in addresses.
  • Don't submit the form without reviewing it for errors or omissions.
  • Don't neglect to mail or deliver a copy of the lien claim and supporting documents to all parties named.
  • Don't use abbreviations that might confuse the reader.
  • Don't attempt to file the form without understanding the basis for the lien claimed.

Attention to these guidelines will help streamline the review process and minimize potential issues with your lien request.

Misconceptions

When it comes to the DWC WCAB 6 form, several misconceptions can lead to confusion. Understanding these myths is crucial for anyone involved in the workers' compensation process. Here’s a breakdown of nine common misconceptions:

  • The DWC WCAB 6 form is only for attorneys. Many believe that only licensed attorneys can file this form, but any lien claimant, including individuals and organizations, can initiate this request.
  • It is unnecessary to attach supporting documents. Some think that simply submitting the form suffices. However, an itemized statement justifying the lien must be attached to validate the request.
  • All liens filed are automatically approved. There is a misconception that once a lien is filed, it will be granted. In reality, the Workers' Compensation Appeals Board reviews each claim and decides whether to approve it.
  • The claim must be linked to an active workers' compensation case. While it’s true that liens are generally associated with a claim, it doesn’t mean that a lien cannot be filed even if the worker is no longer active in the system.
  • Filing a lien guarantees payment. While filing may allow for a request for payment, it does not guarantee that the lien will be paid from any future compensation.
  • The DWC WCAB 6 form is only for medical expenses. Many people think this form is limited to medical costs. However, it also covers a range of expenses, such as attorney fees, burial costs, and living expenses for dependents.
  • You can submit the form at any time. Some believe that there are no deadlines for filing this form. In fact, there are specific time limits in which liens must be filed to be considered valid.
  • All lien claims are treated equally. It’s a common misunderstanding that each lien claim receives the same level of scrutiny. Different types of liens are handled based on their nature and statutory basis, leading to varying outcomes.
  • Once filed, the lien claimant can make changes freely. It’s assumed that lien claimants can modify their requests at will. However, any amendment to the lien typically requires a formal process and can delay the proceedings.

By dispelling these misconceptions, individuals can better navigate the complexities surrounding the DWC WCAB 6 form and the workers' compensation system as a whole. Awareness and understanding are key to achieving a favorable outcome.

Key takeaways

  • Understand the Purpose: The DWC WCAB 6 form is used to request the allowance of a lien in workers' compensation cases in California.
  • Fill in Correct Dates: When completing the form, accurately enter the date of the original lien and the date of injury or cumulative injury, as applicable.
  • Provide Detailed Information: Ensure that the names, addresses, and other identifying information for all parties involved are clearly filled out to avoid any delays.
  • Select the Appropriate Case: Choose whether the claim pertains to a specific injury or a cumulative injury by marking the correct box.
  • Specify the Lien Amount: Clearly indicate the total lien amount requested against any compensation due to the injured worker.
  • Mark the Claim Types: Indicate the type of expenses for which you are claiming the lien. This could include attorney's fees, medical expenses, or burial expenses, among others.
  • Attach Supporting Documents: Be sure to include an itemized statement justifying the lien to support your request.
  • Serve All Necessary Parties: Confirm that a copy of the lien and supporting documents have been mailed or delivered to all relevant parties named on the form.
  • Sign and Date: Both the lien claimant and their attorney (if applicable) must sign and date the form to validate the request.