Copy Service Bills as Medical-Legal Expenses (California)

The filing and enforcement of liens (different states refer to these with different terms) to secure payment for services or goods against a workers' compensation award is complex and filled with special rules - this category is for questions and discussion of this special area of work comp law.

Copy Service Bills as Medical-Legal Expenses (California)

Postby ozzie on Mon Jan 14, 2019 7:08 pm

A copy service has claimed entitlement to very high charges for penalties, attorney's fees, and sanctions under CCR 10451.1 based on their claim that their records obtained are medical-legal services. However, none of the records subpoenaed by the AA appear to have ever been sent to either of the medical legal evaluators.

My position is that while they may have been used by the AA to analyze the case, they do not qualify as a "medical-legal expense" under LC 4620 because they were not used "for the purpose of proving or disproving a contested claim."

I am nevertheless told by the attorney representing the copy service that he has fought this battle and won in some Panel cases. I can't find them, however, and although he has promised to send me copies I have yet to see them.

Does anyone have some case law they can cite to me on this issue?
ozzie
 
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