Kharel, Alexis

Lien claimant Spectrum Medical Group sought reconsideration of a WCJ's finding that defendant had no liability for self-procured medical treatment or for a comprehensive medical-legal evaluation performed by Dr. Amin Nia, D.C. (applicant's primary treating physician) on August 26, 2022, where applicant's claim of injury to the right foot and cumulative trauma had been denied and resolved by a $12,000 Compromise and Release. The WCJ concluded no treatment was actually furnished and there was no evidence of a request for a medical-legal evaluation. The Appeals Board granted reconsideration and held that the WCJ improperly applied AD Rule 9793(h) without considering Labor Code sections 4060(b), 4064(a), and 4620(a), which authorize medical-legal evaluations by treating physicians. The Board deferred the issue of whether defendant is liable for the medical-legal evaluation while affirming the disallowance of the self-procured treatment lien, which lien claimant failed to challenge on AOE/COE grounds.