Engler, John

Lien claimants Comprehensive Outpatient Surgery Center (COSC) and California Urgent Care Centers (CUCC) sought reconsideration of a WCJ's September 26, 2024 Findings and Order that found applicant John Engler did not sustain injury to the thoracic spine, cervical spine, or upper extremities, and limited reimbursement to no more than three lumbar spine procedures each, subject to further development of the record on OMFS charges. The lien claimants challenged the WCJ's reliance on PQME Dr. Fait's opinion as substantial medical evidence and raised issues about defendant's failure to respond to RFAs. The Appeals Board granted reconsideration, finding it could not provide meaningful review because the record was unclear as to the industrially injured body parts (due to imprecise incorporation of stipulations by reference) and because Dr. Fait's opinion on the Higashi/Williams treatment was equivocal and possibly not substantial evidence. The Board also noted defendant submitted no evidence of utilization review and that certain exhibits were never formally admitted. The matter was rescinded and returned to the trial level for further proceedings.