Victor Canas — ADJ12399048

Lien claimant Medvantage Orthocare LLC, through Liening Edge, sought reconsideration of a WCJ's July 18, 2022 Findings and Order that denied its lien on the basis that it failed to establish applicant's right to self-procure treatment outside the defendant's MPN due to a neglect or refusal of medical treatment. The lien claimant argued that defendant's notice of delay and medical appointment letters lacked proofs of service and thus amounted to a neglect of treatment under Knight v. UPS. The Board adopted and incorporated the WCJ's report (except the lien assignment discussion at section III-B), finding that defendant provided proper MPN notice within ten days, that a properly mailed letter is presumed received under Evidence Code section 641, and that lien claimant produced no evidence applicant failed to receive notices or that any delay caused neglect or refusal of care. Because the lien claimant did not meet its burden, the Board declined to reach the lien assignment issue and denied reconsideration.