Kimberly Stokes

Lien claimant Ambulatory Surgery Center of Pomona (ASCP) sought reconsideration of a WCJ's Findings and Order disallowing its $44,548.06 lien balance solely because it lacked a fictitious-name permit from the Medical Board when it rendered services. ASCP argued it claimed only facility fees as an accredited 'outpatient setting,' not professional fees, and thus needed no such permit. The Board explained the legal distinction between a 'clinic' (Health & Saf. Code § 1200), which directly provides medical treatment and requires a Medical Board license and fictitious-name permit, and an 'outpatient setting' (Health & Saf. Code § 1248(c)), which does not provide medical treatment and needs only proper accreditation. Because the record was unclear whether ASCP claimed to have provided medical treatment as a clinic or only an accredited outpatient setting—and whether its AAAHC accreditation properly applied—the Board rescinded the WCJ's order and remanded for further development of the record. The Board emphasized that under Capi, the lien claimant bears the burden of proving proper licensure or accreditation.