What the panel ordered
Cost petitioner entitled to payment for subpoena to San Diego Orthopedic Associates Medical Group; not entitled to payment for subpoena to Sedgwick; no bad faith or frivolous conduct by cost petitioner; issue of defendant's bad faith deferred
Petition for Reconsideration granted, Findings & Order of March 3, 2025 rescinded and substituted
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The services by cost petitioner to obtain records from San Diego Orthopedic Associates Medical Group were reasonable and necessary and cost petitioner is entitled to payment; cost petitioner did not meet burden for subpoena to Sedgwick; no bad faith or frivolous conduct by cost petitioner; issue of defendant's bad faith deferred.
From the decision · page 9Accordingly, we grant cost petitioner's Petition for Reconsideration, rescind the F&O and substitute a new decision that finds that the services provided by cost petitioner to obtain records from San Diego Orthopedic Associates Medical Group were reasonable and necessary at the time they were performed and that cost petitioner is entitled to payment for the services; that cost petitioner did not meet its burden to show that it was entitled to payment for the cost of the subpoena to Sedgwick; and that cost petitioner did not engage in bad faith or frivolous conduct and sanctions are not warranted; and defers the issue of whether defendant's conduct was in bad faith or frivolous, thereby subjecting it to sanctions, costs and attorney's fees.