CompFox AI Summary
This case concerns a lien claimant's request for reconsideration after a WCJ disallowed their expert witness fee. The Appeals Board found the WCJ erred in disallowing the lien solely because the vocational expert's report did not definitively alter the permanent disability rating. Citing Costa v. Hardy Diagnostic, the Board held that expert costs are reimbursable if reasonable and necessary when incurred, and potentially capable of affecting the outcome, even if unsuccessful or deemed inadmissible. The matter was returned to the trial level for further proceedings on the lien claim's reasonableness.
Full Decision Text1 Pages
This case concerns a lien claimant's request for reconsideration after a WCJ disallowed their expert witness fee. The Appeals Board found the WCJ erred in disallowing the lien solely because the vocational expert's report did not definitively alter the permanent disability rating. Citing Costa v. Hardy Diagnostic, the Board held that expert costs are reimbursable if reasonable and necessary when incurred, and potentially capable of affecting the outcome, even if unsuccessful or deemed inadmissible. The matter was returned to the trial level for further proceedings on the lien claim's reasonableness.
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