Serrano, Neide

Cost Petitioner Scandoc Imaging, Inc. sought reconsideration of a WCJ's October 3, 2023 Findings of Fact and Order that denied its copy service cost petition, finding the costs were not valid medical-legal costs and that defendants were denied due process because they were not served with the subpoenas. The dispute centered on whether a contested claim existed when the copy services were performed and whether defective subpoena service requires a showing of prejudice to defeat the costs. The Board granted reconsideration based on preliminary review, finding the record warranted further development and consideration of the issues raised, including whether the July 16, 2021 QME objection letter created a contested medical fact and whether the costs could be recoverable under Labor Code section 5811. The Board deferred a final decision and ordered the matter set for a status conference before a WCJ at the Appeals Board.