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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 (LAO 0873468)
Regular
Dec 23, 2010

JOSE GUITRON vs. SANTA FE EXTRUDERS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted a lien claimant's petition for reconsideration of a prior decision. This action was taken to allow the WCAB sufficient time to thoroughly review the factual and legal issues presented. The Board will conduct further proceedings as necessary to ensure a just and reasoned decision. All future communications regarding this case should be directed to the WCAB's Office of the Commissioners.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionDecision After ReconsiderationOffice of the CommissionersQualified Billing & Collections LLC
References
0
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. ADJ3564079 (SDO 0254307)
Regular
Sep 07, 2011

RAUL PEREZ vs. USA WASTE SERVICES, NATIONAL UNION FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration for lien claimant Langlink Interpreters, Inc. (LC) regarding their $\$5,175$ lien for interpreter services. The original judge disallowed the lien, citing lack of proof of necessity, availability of bilingual staff, and pre-authorization. The Board rescinded the original order, returning the case for further proceedings, and established that employers must provide reasonably required interpreter services under Labor Code section 4600. LC now bears the burden to prove services were reasonably required, provided, qualified, and reasonably priced, as per the *Guitron* decision.

Workers' Compensation Appeals Boardlien claimantinterpreter servicesmedical treatmentLabor Code section 4600burden of proofreasonably requiredstipulated Awardpermanent disabilityindustrial injury
References
1
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