Rodolfo Marquez — ADJ11171239

Applicant's attorney notified defendant BHHC of representation and demanded various records (employment, personnel, medical) on January 18, 2018. Cost petitioner Med-Legal Copy was retained and issued subpoenas duces tecum on January 25 and 26, 2018, providing copying services for records from Sunlight Supply, BHHC, and Concentra Medical Center during the 30-day window following the January 18 demand. The WCJ initially found the cost petition valid and ordered defendant to adjust and pay the bills under the medical-legal fee schedule. On reconsideration, the Board rescinded that order and denied reimbursement, holding that Labor Code section 5307.9 and AD Rule 9982(d)(1) prohibit payment for copy services provided within 30 days of an injured worker's or representative's written request to the employer/insurer for relevant records in their possession. Cost petitioner's own witness conceded the subpoenas were issued without waiting 30 days and were not reasonable and necessary at the time incurred.