LABOR CODE 4903.8(D) DECLARATIONS

When filing a lien, a declaration must be made under penalty of perjury providing that certain services and billing statements were provided to an injured employee. Cal. Lab. Code § 4903.8(d).

Does execution of this declaration require a “wet” signature, or does an electronic signature (i.e. “S” signature) suffice? In answering this question, it is essential to focus on the intent of the Legislature. The goal, as described by the Legislature, is to prevent bad actors from engaging in fraud or other criminal conduct within the workers’ compensation system, or who have engaged in medical billing fraud, insurance fraud, or fraud against the federal Medicare or Medi-Cal systems.