Robert Belanger — ADJ11788125

Los Robles Regional Medical Center, a lien claimant, sought reconsideration of a WCJ's Findings and Order disallowing its lien balance of $1,303,982.04 on the ground that it failed to timely request second bill review. The lien claimant billed $1,518,464.53 for emergency services; defendant (City of Simi Valley, self-insured) paid $214,482.49 and allegedly mailed the EOB on February 6, 2019, while the provider mailed its second review request on June 8, 2019 — outside the 90-day window. The Board held the WCJ erred by basing a 'credibility' finding on a written affidavit (credibility determinations require live testimony), but affirmed anyway because the lien claimant failed to rebut the mailbox-rule presumption of receipt. The FedEx tracking slip the provider relied on merely showed its own outbound mailing to Georgia, not any delayed receipt from defendant. The Board also declined to reach the argument that emergency services are exempt from OMFS/second bill review because that issue was outside the bifurcated trial and not objected to. The F&O was affirmed.