Maria Lomeli — ADJ11421538

Cost petitioner Mission Collections (for Santana Lopez & Associates) filed a Labor Code section 5811 petition for interpreting fees, penalties, interest, and costs related to a deposition reading, a medical evaluation, and an MSC. Defendant paid the $650 principal interpreting fee but disputed claimed penalties, interest, and costs, asserting the hourly rates and itemized costs were unsupported and unreasonable. After trial, the WCJ issued an Order Vacating Submission to develop the record because no evidence supported the hourly rates claimed by Lorena Ortiz Schneider or attorney Phillip Newell. Defendant petitioned for removal, arguing the WCJ could not reopen the record to rescue a party that failed to meet its burden of proof by trial. The Appeals Board granted removal, holding that cost petitioner had multiple opportunities to substantiate its costs and that further development of the record after submission would circumvent discovery closure and significantly prejudice defendant. The Board rescinded the Order Vacating Submission and returned the matter to the WCJ for decision on the existing record.