Esteban Marquez — ADJ17404265

Cost petitioner Document Analyst Group sought reconsideration of a WCJ's F&O that denied a $75.00 subpoena cancellation fee for Invoice #131263 and found the cost petitioner waived attorney's fees, penalties, and interest by not raising them on the PTCS. The Board found that a contested claim existed and the SDT for employment records was reasonable and necessary, satisfying Labor Code sections 4620 and 4621. Critically, defendant had already paid the $75.00 on April 22, 2025—more than 15 months after the January 8, 2024 invoice—after cost petitioner was forced to file a petition for reimbursement, entitling the cost petitioner to penalties and interest under section 4622. The Board sharply criticized both parties' 'game playing,' admitted defendant's Exhibits A-D, and found cost petitioner had adequately raised the fee/penalty/sanction issues by citing WCAB Rules 10786 and 10421 on the PTCS. The Board granted reconsideration, amended the F&O accordingly, deferred the amount of penalties/interest and the issue of defendant's liability under Rule 10786(i), and returned the matter to the WCJ.