Brent Reynolds — ADJ9714303

Applicant Brent Reynolds sustained a 2012 injury to his shoulder and wrist while working as a sales representative for Hostess Brands. A dispute arose during litigation over AME Dr. Robert Fenton's deposition fees, including a $781.25 non-refundable deposit. Defense counsel executed a fee agreement with Dr. Fenton without serving opposing counsel, and applicant counsel separately objected by writing directly to Dr. Fenton. The WCJ found both parties violated Labor Code section 4062.3(f) — applicant counsel by communicating substantive objections directly to the AME, and defendant by failing to serve the fee agreement on opposing counsel — and therefore denied both parties' competing petitions for costs and sanctions on unclean hands grounds. The WCAB denied defendant's petition for reconsideration, adopting the WCJ's report finding that the fee agreement communication was a substantial matter requiring service on the opposing party.