What the panel ordered
The WCAB affirms the Findings and Order except amends Finding of Fact 2 to clarify that third-party credit does not apply to QME deposition costs but applies to future workers' compensation benefits.
Defendant seeks reconsideration of the Findings and Order issued by the WCJ on January 15, 2020, regarding third-party credit applicability to medical-legal costs.
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 third-party credit does not apply to deposition-related costs because defendant paid those costs as the noticing party, consistent with former WCAB Rule 10536.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Defendant noticed the deposition of QME Dr. Ciepiela and paid the deposition fee and transcript costs.
Favours Defendant prevailed
This fact established that the third-party credit does not apply to these costs because defendant already paid them as the noticing party.