Haro, Utilio

Cost petitioner Gemini Legal Support, Inc., a copy service, sought reconsideration of an August 12, 2024 F&O in which the WCJ denied its petition for reimbursement of medical-legal expenses (subpoena/copy service fees), finding it failed to prove a contested claim existed or that its services were reasonable and necessary. The WCAB granted reconsideration, finding the WCJ erred by treating the cost petition (Exhibit 101) as admitted evidence regarding the subpoenas when a pleading cannot serve as evidence, leaving no actual evidence in the record for review. The Board further disagreed with the WCJ's conclusion that no contested claim existed, noting the filed Application, the QME evaluation, and the C&R language all indicated the claims were disputed, and that defendant's tactical stipulation to injury at trial was irrelevant to whether a contested claim existed when the subpoenas were served. The Board rescinded the F&O and returned the matter to the trial level for a hearing, admission of evidence, and development of the record, noting the remaining real issue is entitlement to reimbursement under section 4622.