Tang, Duong

Lien claimant Dr. Khristine Eroshevich was suspended from the workers' compensation system under Labor Code section 139.21(a)(1)(A)(iv) based on a single 2006 misdemeanor conviction for obtaining a controlled substance by fraud (Vicodin prescription written in another person's name). Approximately 1,100 of her liens became subject to special lien proceedings under section 139.21(e), triggering the section 139.21(g) presumption that the liens arose from the conduct subjecting her to suspension. The WCJ found she failed to rebut the presumption and dismissed all her liens with prejudice. On reconsideration, the Appeals Board reversed, holding that the section 139.21(g) presumption is limited to the specific conviction underlying the suspension and cannot be expanded to any potentially fraudulent prescription she may have written. Because the 2006 conviction predated her treatment of any of the workers' compensation patients (which began approximately 2009), it was impossible for any of the liens to have arisen from that conviction, so she rebutted the presumption. The Board amended the F&O to find the presumption rebutted, declined to dismiss the liens, and deferred adjudication of the merits pending the WCJ's decision under section 139.21(i).