Esther Gomez — ADJ11249966

Cost petitioner Scan Doc Imaging, a copy service provider, sought reconsideration of a WCJ's finding that no compensation was due for subpoena services based on Labor Code section 5307.9. The WCJ had reasoned that applicant's attorney must first make a good faith demand for records before issuing subpoenas. The Board rescinded the F&O, holding that section 5307.9 does not require a prior records request before subpoenaing records, so the statute did not bar recovery here. The Board further held that even if section 5307.9 applied, defendant waived the defense by failing to issue EOBs or payment within 60 days under section 4622(a)(1). The Board found cost petitioner met its burden under sections 4620, 4621, and 4622, and that defendant is liable for penalties and interest, with attorney's fees and costs deferred and remanded to the WCJ.