Vaca Valdez, Rigoberto

Cost petitioner Citywide Scanning Service, Inc. sought reconsideration of a WCJ's August 16, 2023 Findings of Fact and Order that found Citywide failed to meet its burden of proof to recover for medical-legal copy services and ordered it take nothing. Citywide argued that the relevant time for determining whether a contested claim existed is when it actually performed the copying services, not when applicant's counsel requested them, and that the services were reasonably, actually, and necessarily incurred. Defendant, relying on Colamonico v. Secure Transportation, argued Citywide bore the burden to show a contested claim existed at the time services were provided and that the expenses served to prove or disprove the contested claim. The Appeals Board granted reconsideration on a preliminary basis, finding it unclear whether the legal issues had been properly identified and whether the record was adequate. The Board ordered the matter set for a status conference and deferred a final decision pending further review.