Jimenez, Alberto

Cost petitioner Citywide Scanning Service sought reconsideration of a WCJ's Findings and Order that found the subpoena to applicant's employer Millan's Ranchito invalid, the matter subject to Independent Bill Review (IBR), and the WCAB without jurisdiction to determine amounts owed. The WCAB granted reconsideration, holding that Labor Code section 130 grants broad subpoena authority not limited to non-party witnesses, so the subpoena to the employer was valid. The Board further held that because defendant failed to pay the medical-legal invoices in full or serve a compliant EOR within the 60-day window, defendant waived all objections other than compliance with sections 4620 and 4621, and the matter was not subject to IBR. The Board found cost petitioner met its burden under sections 4620 and 4621, found the WCIRB service request valid, and held that no prior request for records from the employer is required before issuing a subpoena. The F&O was amended to find the subpoenas and WCIRB request valid, to find WCAB jurisdiction over the amount owed, and to order defendant liable for payment, with the amount deferred including a 10% penalty and 7% interest.