Diaz, Cecilia (Aka Patricia Gutierrez)

Lien claimant Tower Imaging DBA Tower Copy, a copy/subpoena service provider, sought reconsideration of a July 26, 2023 F&O in which the WCJ found Tower had been reasonably and fully compensated prior to trial and ordered it take nothing further. Tower argued the WCJ failed to make findings on the medical-legal entitlement elements under Labor Code sections 4620 and 4621 (per Colamonico v. Secure Transportation), instead jumping directly to the reasonable cost of reimbursable subpoenas while simultaneously denying medical-legal entitlement on the ground the parties failed their burden of proof, without referencing supporting evidence. The Board found Tower's petition timely despite defective service (only State Fund was served with the F&O) and noted the title-of-pleading defect could be cured by amendment to conform to proof. Citing Hamilton and the substantial-evidence requirement, the Board concluded it was unclear whether the legal issues were properly identified and whether the record was adequate or required further development. The Board granted reconsideration and ordered the matter set for a status conference before a WCJ at the Appeals Board, deferring a final decision on the merits.