Kouyoumdjian, Arshaver

Cost petitioner Med-Legal Photocopy sought reconsideration of a WCJ's Findings and Order that found its billing disputes were fee schedule disputes that should have been deferred to Independent Bill Review (IBR), and denied costs under Labor Code section 5813 and CCR 10786 as well as sanctions. The underlying case in chief had settled by Compromise & Release in 2018, and the copy service provider filed a med-legal lien and a Petition for Determination of Non-IBR Medical-Legal Dispute claiming reimbursement of $347.85 plus penalties and interest for copying and subpoena services. On reconsideration, the Board found it could not reach the merits because the supporting documentation, including the subpoenas, was attached to the petition but never admitted into evidence. Relying on Hamilton and substantial evidence requirements, the Board rescinded the F&O and remanded for the WCJ to admit all evidence and then determine entitlement to reimbursement.