Cornejo Rogelio

In this en banc decision, the WCAB addressed whether a copy service lien claimant (Western Imaging Services, Inc.) seeking medical-legal copy fees under Labor Code section 4620(a) must comply with the registration and bonding requirements of Chapter 20 of Division 8 of the Business and Professions Code. The Board previously held in its December 22, 2015 Decision that Chapter 20 does not apply when the lien claimant is an agent or independent contractor of a State Bar member at the time documents are photocopied, and that no proof of registration/bonding is required upon an unrebutted prima facie showing of that agency relationship. Defendant Zenith Insurance Company petitioned for reconsideration, arguing the Business and Professions Code section 22451(b) exemption should apply only to attorney office staff, not to paid professional photocopiers. The Board rejected defendant's arguments, holding that the plain language of section 22451(b) broadly exempts all 'employees, agents, or independent contractors' of a State Bar member regardless of whether they are compensated. The December 22, 2015 Decision was affirmed.