§ 10451.4. Petition to Enforce Independent Bill Review Determination.

(a) A petition to enforce an independent bill review (IBR) determination and/or the recovery of an IBR fee under Labor Code section 4603.6(c) may be filed if:

(1) the Administrative Director has issued an IBR determination and order requiring payment and either: (A) a petition appealing this determination and order is not filed with the Workers' Compensation Appeals Board; or (B) the Workers' Compensation Appeals Board has issued a final order affirming this determination and order; and

(2) the defendant has not paid the full amount allowed, including any penalties and interest payable under Labor Code section 4622(a) and/or any IBR fee reimbursement payable under Labor Code section 4603.6(c), within 20 days of finality of the determination and order, as extended by sections 10507 and 10508.

(b) Where the conditions of subdivision (a) are claimed, the medical treatment or medical-legal provider is not required to file a section 4903(b) lien or a claim of costs lien and is not required to pay a lien filing or activation fee.

(c) The caption of the petition shall identify it as a “Petition to Enforce IBR Determination.”

(d) The petition shall append a copy of Administrative Director's IBR determination and order requiring payment and, if an appeal was filed, a copy of the Workers' Compensation Appeals Board's final order affirming this determination and order.

(e) If the petition to enforce is filed by a person or entity who is not already a party or lien claimant of record, the petition shall be accompanied by a notice of representation, even if the petitioner is self-represented.

(f) The petition to enforce may include a request for penalties and interest in accordance with Labor Code section 4603.2(b) and/or section 4622(a). For purposes of penalties and interest, a final decision of the Workers' Compensation Appeals Board that affirms a determination of the Administrative Director requiring payment shall be deemed an “award.”

(g) Within 15 days of the filing of the petition to enforce, the Workers' Compensation Appeals Board shall issue a notice of intention to grant or deny the petition, in whole or in part. The notice of intention shall give the petitioner and any adverse party no less than 15 calendar days to file written objection showing good cause to the contrary. If no timely written objection is filed, or if the written objection on its face fails to show good cause, the Workers' Compensation Appeals Board, in its discretion, may: (1) issue an order regarding the petition to enforce, consistent with the notice of intention; or (2) set the matter for hearing.

HISTORY

1. New section filed 9-23-2013; operative 10-23-2013. Submitted as a file and print by the Workers' Compensation Appeals Board pursuant to Government Code section 11351 (Register 2013, No. 39).

Note

Note: Authority: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 4603.6, 4622, 4903.05 and 4903.06, Labor Code.