Salim, Farqad

Cost petitioner Document Analyst Group (DAG) sought reconsideration of a WCJ's Findings & Order that denied reimbursement for two subpoenas (to San Diego Orthopedic Associates Medical Group and to Sedgwick) and found DAG engaged in frivolous litigation. The WCJ had concluded the San Diego Orthopedic records were duplicative because defendant had previously provided those records to applicant's attorney, and that DAG failed to prove the Sedgwick subpoena work was actually performed. The Board rescinded the F&O, holding that reasonableness and necessity under sections 4620 and 4621 are measured at the time services are performed, not by what was ultimately produced, and that the subpoena was not improper since defendant never notified DAG it had already obtained those records. The Board awarded DAG $230 plus penalties and interest for the San Diego Orthopedic subpoena but denied the $75 Sedgwick cancellation charge because DAG submitted only an invoice and failed to introduce the subpoena into evidence. The Board found DAG did not engage in bad faith or frivolous conduct, and deferred the issue of whether defendant's conduct (admitting receipt of the Sedgwick subpoena, refusing to comply, and then seeking sanctions) was itself in bad faith or frivolous.