Solis, Juan

Western Pacific Psychological Network, a lien claimant, sought reconsideration of a WCJ's F&O disallowing its lien for psychiatric treatment provided to applicant Juan Solis between 2015 and 2017. The underlying injury claims had been settled by a Compromise and Release in which applicant stipulated he did not perform work for the employer for six months, rendering psychiatric injury non-compensable under Labor Code section 3208.3(d). The Board held that as a lien claimant standing in the shoes of the injured worker, the network bore the burden of proving all elements necessary to establish its lien, including the threshold issue of compensability. Because the lien trial record contained no evidence contradicting the applicant's C&R stipulation, the lien claimant failed to meet its burden. The Board affirmed the F&O disallowing the lien but amended Finding of Fact #2 to expressly find that applicant did not perform work for six months, making the psychiatric injury non-compensable.