Hernandez, Silvestre

Lien claimant Nogales Psychological Counseling, Inc. sought reconsideration of a WCJ's May 20, 2024 F&O disallowing its lien for medical-legal/treatment services provided to applicant Silvestre Hernandez, who sustained a 2011 industrial injury including a psyche component. The WCJ found there was no valid medical-legal dispute when charges were incurred, that the second date of service was disallowed because lien claimant was not the primary treating physician, and that lien claimant never requested a second bill review for the initial date of service. The Appeals Board granted reconsideration solely to issue a Notice of Intention to Dismiss because EAMS records showed discrepancies regarding the filing date and time of the petition—an EAMS batch date of June 14, 2024 at 6:31 p.m. (after the 5:00 p.m. cutoff) and a FileNet received date of June 17, 2024. The Board did not reach the merits and deferred a final decision. Lien claimant was ordered to produce documentation (EAMS Batch ID, etc.) proving timely filing on or before June 14, 2024, or the petition will be dismissed as untimely.