Artemia Gonzalez — SAU8991355

Lien claimants Alan Ivar and Griffin Medical Group sought reconsideration of a WCJ's First Amended Findings of Fact and Order finding that the Labor Code section 139.21(g) presumption applied to all Griffin liens because Ivar—who pleaded guilty in federal court to conspiracy (18 U.S.C. § 371) related to the Pacific Hospital of Long Beach/Drobot kickback scheme—owned Griffin and was suspended from the workers' compensation system. The WCJ found Ivar failed to rebut the presumption that the liens arose from the conduct subjecting him to suspension and dismissed all Griffin liens with prejudice. The WCAB affirmed the WCJ, adopting and incorporating the Report and Opinion on Decision, but amended the F&O to clarify that the presumption and dismissal apply to liens for services rendered between January 1, 2000 and December 31, 2013—the years of Ivar's criminal conduct and ownership of Griffin. The Board applied the version of section 139.21 in effect on April 14, 2017 (former subdivision (e)), distinguishing the case from Sablan, which addressed the current 2018 version and entity joinder/due process. The Board gave great deference to the WCJ's credibility findings rejecting the declaration of Deborah Ivar and other litigation-prepared evidence.