: In this case, the Workers’ Compensation Appeals Board granted reconsideration and reversed the Findings of Fact and Award of October 21, 2008, determining that the subpoena and copy expenses incurred by Associated Reproduction Services (ARS) were not reasonably and necessarily incurred to prove or disprove a contested claim. The Board concluded that the employer had accepted liability for the injuries and that the records were not requested in a reasonable period of time before the expenses were incurred. As a result, ARS’s lien claim for medical-legal expenses was not allowed.
COUNTY OF KERN, permissibly self-insured, LORI ESKEW, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALORI ESKEW, Applicant,vs.COUNTY OF KERN, permissibly self-insured, Defendant.Case No. ADJ4002006 (BAK 0151337)ADJ3034974 (BAK 0151338)ADJ2671916 (BAK 0151339)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATIONDefendant seeks reconsideration of the Findings of Fact and Award of October 21, 2008,wherein the workers’ compensation judge (WCJ) found that lien claimant, Associated Reproduction Services (ARS), is entitled to $2,352.05, plus interest, from defendant for expenses incurred for subpoenaing and copying applicant’s medical and employment records to be used in applicant’s claims for workers’ compensation benefits for the admitted industrial injuries she sustained to her right knee on December 13, 2002 (case number BAK 0151337), right knee and wrist on November 18, 2004 (case number BAK 0151338), and left upper extremity during a period thro
