Aguilar, Diego

In a consolidated Section 139.21 special lien proceeding arising from the suspension of chiropractor Steven Rigler (convicted of a patient-referral kickback/bribery scheme), the WCAB addressed two petitions for reconsideration of a WCJ's October 19, 2020 Findings of Law. The carriers challenged the WCJ's denial of their Motion to Compel discovery that sought documents about Rigler's associations with individuals and entities for which he was never charged or convicted. The Anti-Fraud Unit (AFU) challenged the WCJ's finding that the DIR/AFU lacked standing to participate in the proceedings. The Board affirmed the discovery ruling, holding the Section 139.21(g) presumption is confined to the conduct that actually resulted in the conviction relied upon by the Administrative Director for suspension, so the carriers' broader 'fishing expedition' discovery was not likely to lead to relevant evidence. The Board amended the standing finding, holding that the AFU, as the appointed special lien proceeding attorney, does have standing to participate as a party in Section 139.21 proceedings.