Labor Code §§ 4620, 4621, 4622(f); Colamonico v. Secure Transport (2019) 84 Cal.Comp.Cases 1059 (en banc)
A lien claimant/cost petitioner must prove: (1) a contested claim existed at the time expenses were incurred; (2) expenses were incurred for the purpose of proving or disproving the contested claim; and (3) expenses were reasonable and necessary at the time incurred.
The WCAB cited these standards as governing entitlement to payment for medical-legal expenses.
From the decision · page 3DISCUSSION
We briefly review the relevant law:
A lien claimant/cost petitioner holds the burden of proof to establish all elements necessary
to establish its entitlement to payment for a medical-legal expense. (See Lab. Code, § 3205.5,
5705; Torres v. AJC Sandblasting (2012) 77 Cal.Comp.Cases 1113, 1115 [2012 Cal. Wrk. Comp.
LEXIS 160] (Appeals Board en banc).) Thus, a lien claimant/cost petitioner is required to establish
that: 1) a contested claim existed at the time the expenses were incurred; 2) the expenses were
incurred for the purpose of proving or disproving the contested claim; and 3) the expenses were
reasonable and necessary at the time they were incurred. (Lab. Code, § 4620, 4621, 4622(f);
Colamonico v. Secure Transport (2019) 84 Cal.Comp.Cases 1059 (Appeals Board en banc).)
AD Rule 9983 (Cal. Code Regs., tit. 8, § 9983) sets forth the rates for copy services that
were provided prior to July 15, 2022.
Hamilton v. Lockheed Corporation (2001) 66 Cal.Comp.Cases 473 (en banc); Lab. Code §§ 5903, 5952(d); Lamb v. WCAB (1974) 11 Cal.3d 274; Garza v. WCAB (1970) 3 Cal.3d 312; LeVesque v. WCAB (1970) 1 Cal.3d 627
Decisions of the Appeals Board must be based on admitted evidence in the record and supported by substantial evidence.
The WCAB found the record incomplete and remanded for admission of evidence.
From the decision · page 4Decisions of the Appeals Board "must be based on admitted evidence in the
record." (Hamilton v. Lockheed Corporation (Hamilton) (2001) 66 Cal.Comp.Cases 473, 476
(Appeals Board en banc).) Furthermore, decisions of the Appeals Board must be supported by
substantial evidence. (Lab. Code, § 5903, 5952(d); Lamb v. Workmen's Comp. Appeals Bd.
(1974) 11 Cal.3d 274 [39 Cal.Comp.Cases 310]; Garza v. Workmen's Comp. Appeals Bd. (1970)
3 Cal.3d 312 [35 Cal.Comp.Cases 500]; LeVesque v. Workmen's Comp. Appeals Bd. (1970) 1
Cal.3d 627 [35 Cal.Comp.Cases 16].) An adequate and complete record is necessary to understand
the basis for the WCJ's decision. (Lab. Code, § 5313; see also Cal. Code Regs., tit. 8, § 10787.)
"It is the responsibility of the parties and the WCJ to ensure that the record is complete when a
case is submitted for decision on the record.