Verdeja, Natalie

Lien claimant Omid Haghighinia, D.C., sought reconsideration of a WCJ's Findings and Order finding he was not a primary treating physician (PTP) and that his lien was not recoverable. The WCJ had reasoned that Dr. Haghighinia could not be a PTP because he saw applicant only once and did not monitor treatment, and that his report could not prove or disprove a disputed medical fact because he reviewed no records and evaluated applicant more than a year after the injury. The Appeals Board rejected this reasoning, holding nothing in the Labor Code requires a physician to provide treatment before being designated a 'treating' physician, and that delay or failure to review records does not automatically invalidate a medical-legal report. Applying Colamonico, the Board found the lien claimant met its initial burden under sections 4620 and 4621. The Board granted reconsideration, rescinded the F&O, substituted findings that lien claimant qualified as a PTP and met its burden, and remanded to the WCJ to determine the reasonable value of the report.