Rivera, Carlos

Lien claimant Nogales Psychological Counseling sought reconsideration of a July 27, 2023 Joint Findings and Order in which the WCJ found no valid appointment of a treating physician, no valid RFAs, noncompliance with section 4903.8, denial of defendant's right to control medical treatment, and no valid referral to the lien claimant, ordering the lien dismissed. On preliminary review, the Appeals Board identified several apparent errors: a March 4, 2011 PR-2 signed by treating physician Dr. Black requesting psychological consultation appeared to qualify as a valid RFA under Rule 9792.6(o) to which defendant never responded; the WCJ cited section 4903.8 (assignments), which was not at issue, apparently confusing it with section 4903.05's declaration requirement; and the lien claimant appeared to have timely filed its declaration on June 1, 2017. The Board granted reconsideration, rescinded the basis for the F&O, and ordered the matter set for a status conference before a WCJ at the Appeals Board. A final decision after reconsideration was deferred pending further review and possible development of the record.