Hernandez, Efrain

Cost petitioner Citywide Scanning Service sought reconsideration of an August 14, 2024 Joint F&O finding it was not entitled to reimbursement for copy services related to three subpoenaed records from Glendale Eye Medical, Loma Linda University Medical, and Concentra Urgent Care. The WCJ had found the copy services were not shown to be reasonably and necessarily incurred to prove or disprove a contested medical fact, and noted that applicant's attorney never requested records from defendant before subpoenaing them. The Appeals Board granted reconsideration on a preliminary basis, finding that a contested claim appeared to exist when records were subpoenaed and that nothing in section 5307.9 or Rule 9982 requires a request for records before subpoenaing them. The Board deferred a final decision pending further review of the entire record. The order granting reconsideration is interlocutory and not a final decision on the merits.