Jose Saens — ADJ10282543

WSPT Network filed a workers' compensation lien in its own name for physical therapy/acupuncture services rendered to applicant Jose Saens by Dr. Soung Ho Bien in 2017, claiming it was the 'owner of the lien' under Labor Code section 4903.8(a)(1) pursuant to a contract and/or joint venture with the provider, rather than as an assignee. The WCJ awarded payment on the lien, finding WSPT Network was not barred from collecting as part of a joint venture authorized by Corporations Code sections 207 and 16770. SCIF sought reconsideration, arguing the lien failed to comply with section 4903.8 because WSPT Network was neither the medical provider nor a valid assignee of Dr. Bien. The Board held that a billing service provider may qualify as the 'owner of the lien' if it was contractually entitled to payment at the time expenses were incurred, expressly declining to follow the contrary dictum in Chorn v. WCAB. However, finding insufficient evidence in the record to determine the terms of the contract or whether a true joint venture existed, the Board rescinded the F&A and remanded for further development of the record, including potential joinder of Dr. Bien.