Haro, Utilio

Gemini Legal Services, a cost petitioner seeking reimbursement for eight subpoena/copy services, sought reconsideration of a WCJ's June 10, 2025 F&O denying its medical-legal cost petition for failure to meet its burden of proof. The Board had previously rescinded an earlier F&O (November 25, 2024) because the cost petition documentation, including subpoenas, was attached to a pleading rather than separately marked and admitted as evidence. On return, the WCJ again failed to admit the subpoenas into the record despite the Board's guidance. The Board granted reconsideration, rescinded the F&O, and remanded for assignment to a new WCJ, holding that the recission was based on the WCJ's legal error in failing to admit evidence, not on cost petitioner's fault. The Board also noted that the WCJ's statements about 'rescuing' parties and giving cost petitioner 'another bite at the apple' raised the appearance of bias, which would have warranted disqualification had the WCJ not already resigned.