Barba, Enrique

Sleep Treatment Clinics of California, a lien claimant, sought reconsideration of a WCJ's Findings and Order disallowing its lien for self-procured sleep disorder treatment (a consultation report and Oral Sleep Appliance) allegedly provided to applicant Enrique Barba, who sustained a December 8, 2008 industrial injury. The WCJ found the treatment was not reasonably necessary and that the lien claimant failed to meet its burden of proof, noting the records claimed Dr. Schames examined the applicant and performed six procedures on October 24, 2011—the same date applicant was hospitalized for an L5-S1 lumbar fusion surgery. The Appeals Board agreed that Dr. Schames could not have examined applicant on that date and that there was no evidence applicant ever received or used the Oral Sleep Appliance. Because the lien claimant failed to meet its threshold burden of proof, its other procedural arguments were irrelevant. The Board denied reconsideration and affirmed the disallowance of the lien.