Roberto Guzman — ADJ2725677, ADJ4070226, ADJ709976

Lien claimant The Prescription Center sought reconsideration of a June 13, 2022 Findings and Order disallowing its lien for self-procured medications dispensed to applicant Roberto Guzman, who sustained industrial injury to his back, lower extremities, and psyche. The WCJ found the lien claimant failed to meet its burden of proving the treatment was reasonable and necessary, since the reports of Dr. Burstein could not support medical necessity where the record did not establish he was a secondary treating physician. The Board adopted the WCJ's report, holding the lien claimant failed to meet its burden under Torres v. AJC Sandblasting and that new issues raised for the first time on reconsideration (non-service of medical reports and adverse inference) were waived under Labor Code section 5502(e)(3). The Board also admonished the defense hearing representative for violating WCAB Rule 10842(c) and AD Rule 10205.12. Reconsideration was denied.