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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ1972276 (LAO 0862108) ADJ2914408 (LAO 0889233)
Regular
Mar 07, 2011

AMANDA CORONADO vs. BALLY'S TOTAL FITNESS, STATE COMPENSATION INSURANCE FUND

This case involves a lien claimant, E&M Interpreting, seeking payment for alleged interpretation services during the applicant's medical treatment. The Workers' Compensation Appeals Board denied reconsideration, upholding the administrative law judge's decision that E&M failed to meet its burden of proof. Specifically, E&M did not demonstrate the qualifications of its interpreters or the necessity of the services provided. The Board affirmed that lien claimants must prove both the reasonableness and necessity of services, as well as the qualifications of the individuals providing them, to be entitled to payment.

Workers' Compensation Appeals BoardLien claimantReconsiderationQualified interpretersBurden of proofInterpretation servicesMedical treatment appointmentsAdministrative law judgeFindings and OrderBilling
References
Case No. ADJ1781281 (MON 0350482) ADJ4191242 (MON 0350483)
Regular
Aug 11, 2011

ANGEL ACOSTA vs. GUILDCRAFT FURNITURE MANUFACTURING COMPANY, AMERICAN CASUALTY

This case involves a lien claimant seeking payment for interpreting services provided to an injured worker. The Workers' Compensation Appeals Board affirmed the WCJ's decision to disallow the lien claimant's claim for $25,573.00. The Board found that the lien claimant failed to meet its burden of proof to establish that the interpreting services were reasonably necessary, that the interpreters were qualified, and that the fees were reasonable. Crucially, no evidence was presented demonstrating a need for an interpreter for effective doctor-patient communication or that the interpreters were certified as required by law.

Lien claimantInterpreting servicesQualified interpreterBurden of proofReasonableness of feesIndustrial injuryMedical treatmentLabor Code section 4600(f)Compensable servicesWorkers' compensation administrative law judge
References
Case No. ADJ779198 (SJO 0267719)
Regular
Nov 19, 2010

EVELIN GARCIA vs. SERVICE PERFORMANCE CORPORATION, ZURICH AMERICAN INSURANCE COMPANY

The WCAB granted reconsideration and reversed a prior award for interpreting services, finding the lien claimant failed to meet its burden of proof. The claimant did not demonstrate the interpreting services were reasonable, necessary, or provided by qualified interpreters. Crucially, the medical provider's office advertised Spanish-speaking staff, and the doctor himself spoke Spanish, negating the necessity for external interpretation services. Therefore, the lien for interpreter fees was disallowed.

WCABReconsiderationLien ClaimantInterpreting ServicesQualified InterpreterReasonablenessNecessityBurden of ProofLabor Code Section 4600Labor Code Section 5811
References
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
Case No. ADJ7658730
Regular
Mar 27, 2014

Maria Perez vs. TS STAFFING, LUMBERMEN'S UNDERWRITING ALLIANCE

This case concerns a lien claim for interpretation services provided by Santana, Lopez & Associates, LLC. The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior order, finding that Santana failed to prove its interpreters were "qualified" for 14 medical appointments. The interpreters for these appointments were neither certified nor provisionally certified, nor were they documented as provisionally utilized by the treating physician, thus invalidating the lien for those services. Consequently, Santana is not entitled to further payment on its lien.

Santana Lopez & AssociatesLumbermen's Underwriting Alliancequalified interpretercertified interpreterprovisionally certifiedGovernment Code section 11435.55Labor Code section 4622Labor Code section 4603.2(b)Labor Code section 5813Administrative Director's Rule 9795.1
References
Case No. ADJ3666697
Regular
Nov 18, 2010

JOSE GUADALUPE AGUAYO vs. THE PETERSEN COLLECTION, STATE COMPENSATION INSURANCE FUND

This case involves a lien claim by Global Interpreting for services provided to applicant Jose Guadalupe Aguayo. The trial judge denied the lien, finding that Spanish interpretation during medical treatment is not a compensable cost in Los Angeles, treating it as a normal business expense. The Appeals Board granted reconsideration, rescinded the denial, and returned the case for further proceedings. The Board held that the compensability of interpretation services must be assessed based on individual circumstances and evidence, not categorically denied due to the language or location.

Workers' Compensation Appeals BoardLien claimantReconsiderationFindings and OrderAdministrative law judgeInterpreting servicesLabor CodeReasonable and necessaryCompensabilityBurden of proof
References
Case No. ADJ8361822
Regular
Aug 03, 2015

LORENA CHAVEZ vs. ABM JANITORIAL SERVICES, ESIS

This case concerns ABC Interpreting, Inc.'s petition for reconsideration of a WCJ's decision awarding them $180.00 for interpreter services. ABC Interpreting sought $250.00, claiming entitlement to the pre-established market rate, plus interest and penalties for late payment. The Board denied the petition, affirming the WCJ's award because ABC Interpreting failed to provide adequate documentation of market rate, their qualifications as an interpreter, and because Labor Code section 5811 does not authorize penalties and interest. The Board found the $180.00 award consistent with the reasonable and customary rate for interpreter services in the applicable geographic area.

Petition for ReconsiderationInterpreter FeesLabor Code Section 5811Market RateSuperior Court Fee ScheduleQualified InterpreterDeposition ServicesUntimely PaymentInterest and PenaltyAmended Order
References
Case No. ADJ2743306 (LBO 0373515)
Regular
Aug 25, 2010

VALENTIN REYES vs. CALICO BUILDING MATERIALS, INC., INSURANCE COMPANY OF THE WEST SAN DIEGO

The Workers' Compensation Appeals Board granted reconsideration for lien claimant Joyce Altman Interpreters regarding payment for medical interpreting services. The WCJ had limited the lien to appearances, deposition preparation, and review, disallowing payment for interpreting at medical appointments. The Board found the MPN notice provided by the defendant was deficient because it was only in English, not bilingual as required. Consequently, the case is remanded to the trial level for further proceedings to determine if the defendant is liable for the disallowed interpreting services, considering the improper MPN notice and the timeline of events.

Workers' Compensation Appeals BoardMedical Provider Network (MPN)Lien claimantJoyce Altman InterpretersPetition for ReconsiderationFindings Award and OrderIndustrial injuryThoracic and lumbar spineLeft shoulderInterpreting services
References
Case No. ADJ11368246
Regular
Mar 03, 2020

Marta Ubillus vs. One Stop Employment Services, LLC/Vensure Employer Services, Security National Insurance Company, State National Insurance Company

The Workers' Compensation Appeals Board (WCAB) denied the lien claimant's petition for reconsideration regarding the valuation of interpreter services. The WCAB adopted the Administrative Law Judge's (ALJ) report, which found that while the defendant did not present rebuttal evidence, the ALJ had substantial evidence to make a determination. The ALJ determined a market rate of $114.97 per hour but noted the lien claimant failed to provide sufficient evidence of the duration of services on most dates, preventing application of the market rate. Consequently, the statutory rate was applied for those services.

WCABPetition for ReconsiderationDeniedLien ClaimantInterpreter ServicesMarket RateStatutory RateWCJ ReportSubstantial EvidenceFindings and Award
References
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