Velasco Diaz, Clemente

Lien claimant Moussa Moshfegh, M.D. sought reconsideration of a December 10, 2021 Joint Findings and Order disallowing his self-procured treatment lien across three consolidated claims. The WCJ found applicant did not sustain a claimed October 30, 2014 hernia injury (an admitted hernia had occurred earlier on March 28, 2014 and was surgically repaired June 12, 2014), and that the self-procured treatment by Dr. Moshfegh was not reasonably necessary. The Board found that Dr. Moshfegh's reports relied on a wholly inaccurate medical history that failed to account for the admitted March 28, 2014 hernia and surgery, and thus did not constitute substantial medical evidence. The Board also rejected the lien claimant's arguments that defendant failed to issue an EOR and that delayed MPN notice entitled applicant to self-procure care, finding applicant actually received timely treatment within the MPN. The Board affirmed the F&O, adopting and incorporating the WCJ's Report.