Maria Guadalupe Reyes Venegas — ADJ7660609

Western Imaging, a copy service/medical-legal provider, filed a Petition for non-IBR Dispute Resolution seeking payment for 20 invoices (86411-1 through 86411-20) for subpoenaed records services provided to applicant in 2013. The WCJ found that although a contested claim existed, defendant waived non-4620/4621 objections by failing to issue timely compliant EORs, and that Western Imaging actually performed services on 17 of the subpoenas, the provider nonetheless failed to prove the reasonable value of any services by a preponderance of the evidence. Petitioner relied on a flawed analysis claiming 72.24% of billed amounts represented reasonable value, but this lacked a geographically relevant market analysis and contained duplicative/inadequately described line items, so the WCJ could not fix value without speculation. The Board granted reconsideration to study the issues but ultimately affirmed the WCJ's May 24, 2021 decision denying the petition, adopting the WCJ's Report and Opinion. The decision turned on the provider's failure to satisfy the reasonable-value burden established in Colamonico.