Carlos Mena — ADJ9876087

Lien claimant Citywide Scanning, Inc. sought reimbursement for photocopy services allegedly provided on behalf of applicant Carlos Mena's attorney. At the 8/15/18 lien trial, the WCJ excluded the lien claimant's exhibits 1, 2, 3, and 5 because they had not been served on defendant, and after multiple rounds of reconsideration and remand, the WCJ ultimately disallowed the lien because the claimant failed to prove the charges were actually incurred under Labor Code section 4621(a). The exhibits were excluded on due process grounds because the proof of service submitted by the lien claimant failed to identify the exact titles of the documents served as required by CCP section 1013a and CCR section 10625(c). The Appeals Board agreed that the lien claimant did not present substantial evidence that it served its exhibits prior to trial and that it bore the burden of proving all lien elements by a preponderance of the evidence. The Board denied reconsideration, adopting and incorporating the WCJ's report.