Serrano, Ernesto

Cost petitioner Matrix Document Imaging, a copy/subpoena service provider, sought reconsideration of a WCJ's F&O that found its request for payment barred by Labor Code section 5307.9 because it obtained records already in the parties' possession or not requested by applicant's attorney. The sole issue actually set for trial, however, was whether defendant was liable for costs, monetary sanctions, and attorney fees due to its failure to timely pay or object to the invoices under sections 4622, 4603.3, and AD Rule 9794. The Board found the WCJ's decision failed to address the issue submitted for trial, violating section 5313 and the requirements of Hamilton and Garza. The Board granted reconsideration, rescinded the F&O, and returned the matter to the trial level for a new decision addressing the proper issue with supporting findings and citations to admitted evidence. This was not a final decision on the merits.