Gutierrez, Angelia

Nogales Psychological Counseling, Inc. (NPC), a lien claimant, sought reconsideration of a WCJ's June 11, 2024 Joint Findings and Order that found no substantial medical evidence of a psychiatric injury to applicant Angelica Gutierrez and disallowed NPC's lien. NPC argued that all reporting physicians found industrial causation for the psychological injury and only differed on apportionment, and that applicant was entitled to self-procure psychiatric treatment after defendant denied the psyche claim. The WCAB first addressed timeliness (finding the petition timely) and the amended Labor Code section 5909 transmission/notice framework, concluding it had timely acted within 60 days of transmission. On preliminary review, the Board found it unclear whether all legal issues had been properly identified, whether the record supported the WCJ's conclusions, and whether all issues in the three consolidated cases had been addressed (noting the WCJ made no findings on two of the three consolidated cases). The Board granted reconsideration and deferred a final decision pending further review of the merits and the entire record.