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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ163338
En Banc
Mar 17, 2011

Jose Guitron vs. Santa Fe Extruders, State Compensation Insurance Fund

The Appeals Board holds that employers must provide reasonably required interpreter services during medical treatment for non-English speaking workers under Labor Code section 4600, and clarifies the burden of proof for interpreter lien claimants.

WCABEn BancLien ClaimantInterpreting ServicesMedical TreatmentLabor Code Section 4600Reasonably RequiredBurden of ProofQualified InterpreterMedical-Legal Expenses
References
23
Case No. ADJ163338
Significant
Mar 17, 2011

Jose Guitron, Applicant vs. Santa Fe Extruders, State Compensation Insurance Fund

The Appeals Board held that under Labor Code section 4600, an employer is required to provide reasonably necessary interpreter services during medical treatment for an injured worker who cannot communicate effectively in English, and clarified the burden of proof for interpreter lien claimants.

En Banc DecisionInterpreter ServicesMedical TreatmentReasonably RequiredBurden of ProofQualified InterpreterLien ClaimantLabor Code Section 4600Medical-Legal ExpensesCertified Interpreter
References
23
Case No. ADJ7995806
Significant
Jun 12, 2014

ROQUE NERI HERNANDEZ, Applicant vs. GENEVA STAFFING, INC. dba WORKFORCE OUTSOURCING, INC.; TOWER POINT NATIONAL INSURANCE COMPANY, administered by TOWER SELECT INSURANCE

The Appeals Board holds that Labor Code sections 4600(h), 4603.2(b)(1), and 5307.8 apply to all non-final cases, defines the requirements for a physician's prescription for home health care, and clarifies applicable fee schedules, rescinding the prior award and returning the matter for further proceedings.

en bancreconsiderationhome health careprescriptionSB 863Labor Code 4600(h)Labor Code 4603.2(b)(1)Labor Code 5307.8date of injurydate of service
References
19
Case No. AHM 0048021
Regular
Apr 02, 2008

SEBASTIAN CORNIEL vs. KASLER CORPORATION, Permissibly SelfInsured, CAMBRIDGE INTEGRATED SERVICES

The Workers' Compensation Appeals Board granted reconsideration and rescinded an award for pool and lawn maintenance services. The Board found that the prescribed services, intended to prevent re-injury while performing these activities, were not medically necessary under Labor Code Section 4600. The medical reports lacked substantial evidence by failing to connect the activities directly to curing or relieving the effects of the applicant's industrial injury.

Workers' Compensation Appeals BoardKasler CorporationCambridge Integrated Servicespool and lawn maintenancemedical awardpermanent disabilityfuture medical careLabor Code §4600substantial evidenceancillary services
References
13
Case No. LBO 0357008
Regular
Jul 23, 2007

GERARDO PEREZ vs. A'S MATCH DYEING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to allow the lien claimant's full claim of $863.55 for interpreting services. The Board reversed the Administrative Law Judge's decision, finding these services, provided at required follow-up medical appointments, are reasonably necessary and compensable under Labor Code section 4600. This decision aligns with prior precedent establishing the necessity of effective communication for injured workers' treatment.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationAdministrative Law JudgeInterpreting ServicesLabor Code Section 4600Reasonable and NecessaryMedical TreatmentTreating PhysicianFollow-up Visits
References
2
Case No. ANA 0372945 ANA 0380241
Regular
May 06, 2008

OLGA A. SALDAÑA vs. 3M ESPE, LIBERTY MUTUAL INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board reversed a prior decision, finding that interpreter services are reimbursable under Labor Code section 4600 when recommended or required by a treating physician. The Board determined that these services are considered part of the overall medical treatment benefit, analogous to transportation costs. Therefore, the lien claimant, Certified Interpreters, is entitled to payment for services rendered at both medical-legal evaluations and applicant's medical treatment appointments.

Labor Code section 4600interpreter servicesmedical-legal expensesmedical treatmentCertified InterpretersWorkers' Compensation Appeals Boardadministrative law judgereconsiderationAD Rule 9795.3case law
References
7
Case No. ADJ10908349
Regular
Aug 07, 2018

BRANDON SELVITELLA vs. MARINWOOD COMMUNITY SERVICES DISTRICT

In this case, the applicant sought reconsideration of a decision that invalidated his predesignation of Dr. Stevenson as his primary treating physician. The Appeals Board denied the reconsideration petition. While acknowledging Kaiser's policy may hinder predesignation for its members, the Board upheld its decision based on the plain meaning of Labor Code section 4600(d)(2). The Board also considered the applicant's late-filed answer but found no grounds to overturn its prior ruling.

SelvitellaMarinwood Community Services DistrictYork Services GroupPetition for ReconsiderationPredesignationDr. StevensonPrimary Treating PhysicianLabor Code Section 5905Labor Code Section 4600(d)(2)Kaiser
References
0
Case No. ADJ2553155 (BAK 0151169)
Regular
Oct 17, 2008

KIMBERLY COSTA vs. STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a prior award ordering the State Compensation Insurance Fund (SCIF) to provide an ergonomic workstation for a claimant. SCIF contends that an employer's current duty to accommodate disabilities under the Fair Employment and Housing Act, not SCIF's workers' compensation obligations under Labor Code section 4600, dictates responsibility for workstation modifications. The Board granted reconsideration to further study the factual and legal issues involved.

Workers' Compensation Appeals BoardState Compensation Insurance FundReconsiderationFindings of Fact and AwardErgonomic workstationMedical treatmentCumulative trauma injuryPermanent disabilityApportionmentFair Employment and Housing Act
References
0
Case No. ADJ2454787 OXN 0130418, ADJ4243140 (OXN 0130419)
Regular
Dec 23, 2008

ALMALILIA MARTINEZ vs. TRACEY VILLA, NATIONAL FIRE INSURANCE OF HARTFORD, CNA CLAIMS PLUS

This case involves a lien claimant seeking reimbursement for interpreter services provided to a non-English speaking applicant during medical treatment appointments. The Appeals Board granted reconsideration, finding that interpreter services can be a compensable cost under Labor Code section 4600 as an adjunct to medical treatment. The matter is remanded for the Workers' Compensation Judge to determine the reasonableness and necessity of the interpreter services for treatment visits, and to re-evaluate penalties and interest.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationJoint Findings and AwardIndustrial InjuryInterpreting ServicesLabor Code Section 4600Administrative Director Rule 9795.3Medical Treatment AppointmentsQualified Interpreter
References
7
Case No. ADJ3479900 (POM 0272059) ADJ3173924 (POM 0272060) ADJ1790357 (POM 0272061)
Regular
Oct 10, 2008

RAUL ALDAZ vs. SAN BERNARDINO STEEL/HERRICK CORPORATION, Permissibly Self-Insured, Administered By MATRIX ABSENCE MANAGEMENT INC.

The Workers' Compensation Appeals Board granted reconsideration and affirmed a prior decision, modifying it to include a general award for further medical treatment. This award recognizes that the applicant requires ongoing medical care to address his industrial injury, without specifying particular treatments. The Board found this non-specific award consistent with Labor Code section 4600 and established case law, allowing for future adjustments based on evolving medical needs and opinions.

Workers' Compensation Appeals BoardReconsiderationFurther Medical TreatmentLabor Code Section 4600(a)Agreed Medical Evaluator (AME)OrthopedicsOpen-ended LiabilityIndustrial InjuryCervicalLumbar
References
3
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