Colamonico Ashley

Med-Legal Photocopy, a copy service lien claimant, sought reimbursement for copy services performed in 2014-2015 plus penalty and interest. The WCJ found that defendant waived all objections—including reasonableness and necessity—by failing to issue timely Explanations of Review (EORs), and awarded $1,151.07 plus penalty and interest. The Appeals Board granted reconsideration and, sitting en banc, held that a medical-legal provider bears the initial burden of proving compliance with sections 4620 and 4621, and that a defendant does NOT waive objections based on sections 4620 or 4621 by failing to raise them in an EOR. The Board rescinded the WCJ's Findings and Orders and returned the matter to the trial level for further proceedings to allow the lien claimant to demonstrate the reasonableness and necessity of its copy services.