Davodyan, Ariga

Lien claimant Physical Rehabilitation Services, Inc. (Arbi Mirzaians D.C.) sought reconsideration of an April 25, 2025 F&O finding that applicant's cumulative trauma claim (November 10, 2015 to March 25, 2020) was barred by the post-termination defense under Labor Code section 3600(a)(10), and that only the initial March 16, 2022 examination by Dr. Mirzaians was a compensable medical-legal examination. Lien claimant argued the WCJ failed to make a finding regarding the section 5412 date of injury, and that the claim is not barred if the 5412 date of injury post-dated the termination notice under section 3600(a)(10)(D). The Board found that the WCJ issued no findings on whether defendant met its initial burden on the post-termination defense or whether any exceptions applied, and the record was insufficient to determine the section 5412 date of injury. The Board also identified evidentiary gaps, including a deposition transcript and QME report in EAMS that were not fully addressed. The Board granted reconsideration, rescinded the F&O in its entirety, and returned the matter to the trial level for further proceedings.