Pelayo, Olga

Lien claimant Premier Psychological Services sought reconsideration of a March 8, 2024 WCJ decision disallowing its lien in two consolidated claims involving applicant Olga Pelayo. The WCJ had found that the reporting of psychologist Dr. Mark H. Michaels was not substantial evidence, that the lien claimant failed to prove a specific or cumulative psyche injury, and that even if injury existed, defendant established the post-termination defense under Labor Code section 3208.3. The Appeals Board granted reconsideration based on concerns that the WCJ's analysis of Dr. Michaels' reporting may not comply with Hamilton and Labor Code section 5313, that the 3208.3 post-termination defense findings were unsupported because no injury was found, and that the WCJ may have failed to analyze whether part of the lien was payable as a medical-legal expense rather than treatment. The Board deferred issuance of a final decision pending further review of the merits and the entire record.