Cinesros, Gonzalo

Citywide Scanning Service, a copy service cost petitioner, sought reconsideration of a WCJ's April 10, 2024 Findings and Order that ordered it take nothing on its petition for costs seeking $598.83 for records obtained via subpoena. The WCJ had found that no contested claim existed at the time the subpoenas issued (June-September 2017) because defendant did not deny the claim until September 15, 2017, and thus the services did not qualify as medical-legal expenses under Labor Code section 4620. The Board granted reconsideration, finding it could not discern the basis for the WCJ's conclusion that no contested claim existed, particularly given that defendant's April 11, 2017 Delay Notice admitted it was 'unable to determine' eligibility and denied all allegations in its July 6, 2017 Answer. Applying Colamonico, the Board held a contested claim existed when the subpoenas issued and that cost petitioner met its burden under section 4620. The WCJ's decision was rescinded and the matter returned to the trial level for further proceedings.