Meat Exporte Corporation; State Compensation Insurance Fund Javier Galindo WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJAVIER GALINDO, Applicant,vs.MEAT EXPORTE CORPORATION; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ3552048 (LAO 0795520)OPINION AND DECISION AFTER RECONSIDERATION On January 14, 2011, we granted reconsideration in this matter to provide an opportunity to further study the legal and factual issues raised by the petition for reconsideration. Having completed our review, we now issue our Decision After Reconsideration. Lien claimant, Elena Konstat, Ph.D., filed a petition for reconsideration from the Findings and Order, issued October 26, 2010, in which a workers’ compensation administrative law judge (WCJ) disallowed petitioner’s lien claim for psychiatric treatment on the grounds that compensation for applicant’s psychiatric injury was barred under Labor Code section 3208.3(d), as applicant did not meet the requirement that he perform six months of actual work for his employer, Meat Exporte Corporation. Lien claimant contends the evidence does not justify the finding that compensation for applicant’s psychiatric injury is barred under Labor Code section 3208.3(d). Lien claimant argues that applicant was actually employed for more than six months, from November 13, 2000 to May 25, 2001, and any time he took off from work was due to his March 16, 2001 industrial injury. Lien claimant further argues that she is entitled to payment of her psychiatric treatment charges even if applicant’s claim of injury to his psyche is found not to be compensable. as the treatment was , necessary to cure or relieve applicant from the effects of his industrial orthopedic injury. Lien claimant asserts the WCJ erred in refusing to allow her to testify as to applicant’s need for psychiatric treatment. Finally, lien claimant contends that she is entitled to compensation for her treatment as she detrimentally relied
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