Portillo, Rodrigo

Lien claimant Physical Rehabilitation Services sought reconsideration of a WCJ's January 25, 2025 Findings of Fact that denied payment for medical treatment provided to applicant Rodrigo Portillo during the delay period, on the basis that employment with TalTech Construction was not established. The WCJ reasoned that because the lien claimant failed to prove the applicant was an actual 'employee' under Labor Code section 5402(c), defendant was not liable for delay-period treatment. The Appeals Board found it unclear from its preliminary review that the WCJ correctly applied the employment presumption and the respective burdens of proof. To preserve jurisdiction within the 60-day statutory window under section 5909, the Board granted reconsideration and deferred a final decision on the merits pending further study of the factual and legal issues.