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Copy service subpoena costs (California)

PostPosted: Sat Nov 07, 2009 4:42 pm
by laesquire
Is there some type of fee schedule for subpoena copy service costs?

I am getting liens which vary considerably. I would like to figure out how to evaluate the charges.

Re: Copy service subpoena costs (California)

PostPosted: Wed Nov 18, 2009 7:52 am
by steve appell
There is no fee schedule for subpoena/copy services. Therefore if you want to dispute the reasonableness of the charges, you need to assemble a Kunz analysis for subpoena copy services.

Good Luck!

Re: Copy service subpoena costs (California)

PostPosted: Wed Dec 02, 2009 6:34 pm
by laesquire
Hi Steve.

Thank you.

Re: Copy service subpoena costs (California)

PostPosted: Sun Jan 03, 2010 2:45 pm
by employersnp
What is a Kunz analysis?

Re: Copy service subpoena costs (California)

PostPosted: Mon Jan 04, 2010 4:48 pm
by stewshe
employersnp,

The Kunz case, 31 CWCR 12, 67 CCC 1588, is a seminal case laying out what is needed to prove up a lien. The headnote in the CCCs sums up that aspect of the case as follows:

<<WCAB must consider several factors, including medical provider's usual fee, usual fee in geographical area, relevant economic aspects of medical provider's practice, and any unusual circumstances.>>

Basically, you summarize all of the relevant data relating to the lien and the theory is the right thing to do is supposed to be obvious. If the lien claimant does the summarizing, the lien should be paid in full. If the defendant does it, the lien claimant is usually due little or nothing.

Lots of factors go into the mix.

Good luck!

Stew