Koutal, Mahnaz

Cost petitioner Supreme Copy, a medical-legal provider (copy service), sought reconsideration of a November 2, 2023 Findings of Fact in which the WCJ held that Supreme Copy could not file a petition for reimbursement under Title 8 CCR § 10786 because it failed to prove the underlying claim was contested under Labor Code § 4620. Supreme Copy argued that the only issue framed at the September 19, 2023 trial was whether it had the right to file a petition for reimbursement under Rule 10786(b), not whether it had met its burden of proof on the merits. The Board agreed, finding that the WCJ improperly decided the merits of the petition without giving the parties notice or an opportunity to present responsive evidence, violating due process. The Board granted reconsideration, rescinded the November 2, 2023 decision, and substituted new findings that Supreme Copy is entitled to file a petition for reimbursement of medical-legal expenses, while deferring the merits of that petition.