Santana, Brigida

Lien claimant Psychological Assessment Services, on behalf of treating physician Dr. Nelson Flores, sought payment for treatment and medical-legal services provided to applicant Brigida Santana for a psychiatric injury. After trial, the WCJ found that the applicant sustained a compensable psychiatric injury, that Dr. Flores's treatment was reasonable and necessary, and that the medical-legal services were appropriate, awarding payment plus penalty and interest. Defendant United Wisconsin Insurance Company petitioned for reconsideration, arguing for the first time that the lien was invalid due to non-compliance with Labor Code sections 4903.05 and 4903.8, alleging the section 4903.8(d) declaration was fraudulent because the attached billing did not match the lien amount. The WCAB adopted the WCJ's report and denied reconsideration because that argument was never raised at trial and was therefore waived. The Board emphasized that allowing un-litigated issues to be raised for the first time on appeal would deprive the opposing party of due process.