CompFox AI Summary
This case involves a dispute over lien claimant Western Imaging's entitlement to reimbursement for subpoenaed records in a workers' compensation claim. The WCJ initially disallowed the lien, finding Western Imaging failed to prove the records' reasonableness and necessity. The Appeals Board granted reconsideration, rescinding the WCJ's decision and returning the case for further proceedings. The Board clarified that medical-legal expenses are recoverable if incurred to prove or disprove a contested claim and that reasonableness is assessed at the time of expense incurrence, regardless of whether the subpoenaed records ultimately proved the claim. The Board also emphasized the defendant's obligation to specifically object to such expenses within a timely manner.
Full Decision Text1 Pages
This case involves a dispute over lien claimant Western Imaging's entitlement to reimbursement for subpoenaed records in a workers' compensation claim. The WCJ initially disallowed the lien, finding Western Imaging failed to prove the records' reasonableness and necessity. The Appeals Board granted reconsideration, rescinding the WCJ's decision and returning the case for further proceedings. The Board clarified that medical-legal expenses are recoverable if incurred to prove or disprove a contested claim and that reasonableness is assessed at the time of expense incurrence, regardless of whether the subpoenaed records ultimately proved the claim. The Board also emphasized the defendant's obligation to specifically object to such expenses within a timely manner.
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