Drage, Lisa

Cost petitioner Matrix Document Imaging sought reconsideration of a WCJ's F&O denying its claim for costs, attorney's fees, and sanctions on a Non-IBR medical-legal dispute over $405 in subpoena/copy services. On April 16, 2019, the WCJ had issued a Notice of Intention to Allow Payment that granted only the $405 billing plus $68.85 penalties/interest, but did not award the requested attorney's fees, costs, or sanctions; no party objected, and the NOI became final on May 16, 2019. Defendant tendered payment on May 15, 2019. The Board held that because the NOI became a final, unchallenged order, the cost petitioner could not later relitigate the denial of fees and sanctions through a DOR. The Board rescinded the F&O and substituted findings that the Order became final on May 16, 2019, that all claims for costs, fees, and sanctions are denied, that defendant did not act in bad faith after May 16, 2019, and that cost petitioner takes nothing further.