Hernandez, Luis

Cost petitioner DocCentral provided subpoena/copy services in applicant Luis Hernandez's claimed industrial injury claim against the Cesar Chavez Foundation, insured by Berkshire Hathaway Homestate. The WCJ initially found DocCentral failed to prove a contested claim existed when the copy expenses were incurred. On reconsideration, the Board rescinded the WCJ's finding and held that a contested claim existed when the subpoenas issued in March 2019. Defendant then sought reconsideration again, arguing the Board misapplied Labor Code section 4620(b) and AD Rule 9793(b), contending the claim was merely on delay (not contested) and that filing an Application does not create a contested claim. The Board denied reconsideration, holding that a delay notice combined with a filed Application alleging disagreement establishes a contested claim, and that a reasonable time had elapsed before the subpoenas issued.