Alvarez Mercado, Miguel

Lien claimant FMR Interventional Quality Pain Management, APC, sought reconsideration of a December 24, 2025 Findings and Order in which the WCJ found the lien claimant failed to prove industrial injury and reasonableness/necessity of treatment, ordering it to take nothing. The case-in-chief had previously settled by Compromise and Release with Beltran language reflecting a good-faith AOE/COE dispute. The Appeals Board granted reconsideration, finding several flaws in the WCJ's reasoning, including that the C&R's good-faith dispute stipulation is not binding on the lien claimant, that arguments do not constitute evidence contradicting the applicant's injury account, and that the WCJ is generally not the decider of medical necessity. The Board also noted the parties may have failed to comply with WCAB Rule 10789 and 10700 in filing supporting medical records when seeking settlement approval, and that defendant may owe up to $10,000 in pre-denial treatment under Labor Code section 5402(c). The Board deferred a final decision pending further review of the merits and the entire record.