Nelly Karina Menjivar Gomez — ADJ12491402, ADJ12491418

Cost claimant Ortiz Interpreting sought removal of a June 28, 2021 Minute Order in which the WCJ set a lien trial and ordered discovery to remain open so defendant could obtain depositions, despite the only remaining issues being penalties and interest on a $350 interpreter's bill. Defendant had not objected to the cost claimant's DOR, paid the $350 bill late, but failed to pay penalties and interest, and only noticed depositions about a month after the status conference. The Board held that under Labor Code section 5502(e)(3), discovery closes at the MSC, and the WCJ failed to require defendant to demonstrate due diligence as to why the depositions could not have been obtained earlier. The Board granted removal, closed discovery, and returned the matter to the trial level for trial, noting defendant could still argue for reopening discovery at trial and that the WCJ could address the pending sanctions petition.