Mike Rizzo — ADJ11062244

Applicant Mike Rizzo sustained an industrial injury on February 5, 2016, in a motor vehicle accident while working as a Regional Operations Manager. Defendant obtained an August 7, 2019 order awarding a third-party credit of $98,654.15 from applicant's recovery against a third party. Defendant subsequently noticed and paid for the deposition of QME Dr. Ciepiela ($500 deposition fee and $942.25 court reporter/transcript cost), then sought to apply its third-party credit against those deposition-related costs, claiming applicant was liable. The WCJ denied defendant's petition for costs, and on reconsideration the Board affirmed, amending Finding of Fact 2 to clarify the credit applies to future workers' compensation benefits but not to the already-paid deposition costs the defendant itself incurred as the noticing party.