Casa Dorinda; CNA Insurance Francis Reale WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA FRANCIS REALE, Applicant,vs. CASA DORINDA; CNA INSURANCE, Defendant(s).Case No. GOL 0097704OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFTERRECONSIDERATION Lien claimant, Associated Reproduction Services, Inc. (ARS), seeks reconsideration of the Findings and Order of October 12, 2007, wherein it was found, inter alia, that the reasonable cost of ARS copying services is $28.00 per page, plus $15.00, and a reasonable postage/delivery fee, which is the cost of postage of regular mail; that ARS is not entitled to reimbursement for clerical work, mileage, check fees, SDT authorization or field labor; that ARS is entitled to payment at a rate of $15.00 for any declaration of due diligence; and that there is no basis for an award of costs. The WCJ ordered that defendant pay ARS in accordance with his findings in full satisfaction of ARS’ lien. In his opinion on decision, the WCJ stated:[justify] “This matter is before this Court solely on the issue of the lien[/justify][justify] claim of ARS in the sum of $880.43. ARS also seeks $1,500.20 as[/justify][justify] costs for appearing at today’s hearing.[/justify][justify] “The position of lien claimant is that the charges sought are the[/justify][justify] customary and usual one for the copy services it rendered; and it[/justify][justify] should be paid in full.[/justify][justify] “Defendant contends that the usual and customary charge for a[/justify][justify] copy service is .20 per page and that ARS’s (sic) charge of .63 per[/justify][justify] page is excessive. Defendant further contends that the additional[/justify][justify] charges of ARS are usually not deemed to be a cost of a copying[/justify][justify] service.[/justify] , “There is no fee schedule for copying services. Pursuant to Labor Code Section 4621 an employer’s liability
Francis Reale vs. Casa Dorinda; CNA Insurance
In this case, the Workers' Compensation Appeals Board granted reconsideration to lien claimant, Associated Reproduction Services, Inc. (ARS), and ordered that defendant pay ARS the remaining amount of $1,430.72 on its lien. The WCJ had found that the reasonable cost of ARS copying services was $28.00 per page, plus $15.00, and a reasonable postage/delivery fee, which is the cost of postage of regular mail; that ARS was not entitled to reimbursement for clerical work, mileage, check fees, SDT authorization or field labor; that ARS was entitled to payment at a rate of $15.00 for any declaration of due diligence; and that there was no basis
- Filed On:
- Court: California, San Francisco
- Case No. GOL0097704
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