Ramiro Rodriguez — ADJ1424195

Lien claimant Angoal Medical Collections, Inc. acquired the medical-legal receivables of QME Dr. Julie Goalwin and held a lien for chiropractic QME Dr. Janine Angelotti for evaluations of applicant Ramiro Rodriguez, who claimed a 2003 injury while working as a forklift operator. After applicant's underlying claim was dismissed for lack of prosecution in 2010, the matter proceeded to trial on the liens in 2019, and the WCJ found the liens barred by laches. The Board granted reconsideration and held that laches requires affirmative proof of prejudice, which cannot be presumed from delay alone. Because defendant offered no evidence that its file was destroyed or that it was otherwise prejudiced, the Board rescinded the F&O and returned the matter to the trial level for further proceedings.