Negrete, Gloria

Cost petitioner Citywide Scanning Service sought reconsideration of a June 30, 2022 F&A that awarded it $3,894.20 in copy-service costs plus penalties/interest, but disallowed numerous subpoena invoices. The WCJ disallowed the invoices on grounds that no prior request for records was made to the employer, insurer, applicant's prior counsel, or the providers, and that some subpoenas were duplicative or unreasonable. The Board affirmed the awarded amounts but held that there is no statutory or regulatory requirement that an applicant's attorney first informally request records before issuing a subpoena duces tecum. The Board found pre-trial discovery is liberally favored and the choice of how to obtain records is within the attorney's discretion. It deferred the disallowed invoice issues and remanded to the WCJ for further proceedings consistent with the opinion.