Hernandez, Luis

Cost petitioner DocCentral, a copy service, sought reconsideration of a WCJ's December 17, 2024 F&O finding it failed to prove a contested claim existed at the time it incurred subpoena expenses in this maintenance worker's injury claim. The WCJ had reasoned that the applicant's attorney issued subpoenas only five working days after demanding records, violating Labor Code section 5307.9's 30-day prohibition on payment for copy services provided within 30 days of a records request to the employer/insurer. The Appeals Board disagreed, finding a contested claim existed once the Application for Adjudication was filed on February 1, 2019 (per Paragraph 9's listed disputes), and that DocCentral met its initial burdens under Colamonico when it issued the first subpoena on March 13, 2019. The Board held that defendant, having paid only one invoice and failing to object or issue an EOR on the other, must now have the reasonable value of the services determined. The Board granted reconsideration, rescinded the F&O, amended it to find a contested claim existed, and returned the matter to the WCJ for further proceedings on the reasonable value of services.