Upton, Angela

Lien claimant San Diego Imaging, Inc., dba California Imaging Solutions, sought reconsideration of a WCJ's Findings & Order that it take nothing on its $8,065.13 medical-legal copy service lien. The WCJ found that lien claimant failed to prove a contested claim existed, that the expenses were necessary, and that the services were reasonable and necessary, partly because the records had already been served on applicant's attorney and lien claimant provided no specific 'reason' for each subpoena. The Board disagreed, holding that the WCJ construed the 'proving or disproving a contested claim' standard too narrowly and that a contested claim plainly existed because defendant disputed AOE/COE and several body parts throughout the case. The Board further held that there is no requirement that records be requested from the employer before a subpoena is issued, so the failure to do so was immaterial. The Board rescinded the F&O and substituted a finding that lien claimant met its burden under sections 4620 and 4621 and is entitled to payment under section 4622, but deferred the amount and remanded to the WCJ.