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

Case No. ADJ9943316 ADJ9558081
Regular
Dec 01, 2017

WING QUAN vs. BARRETT BUSINESS SERVICES

This case involves competing petitions for reconsideration from lien claimants Joyce Altman Interpreting and Orthomed. The Workers' Compensation Appeals Board (WCAB) denied Orthomed's petition, upholding the finding that they failed to meet their burden of proof for reimbursement. However, the WCAB granted Joyce Altman's petition, remanding the issue of sanctions and costs against the defendant for delaying payment of interpreting services. The WCAB affirmed the original finding that Joyce Altman failed to establish the market rate for her services.

Workers' Compensation Appeals BoardLien ClaimantsPetition for ReconsiderationFindings and OrdersMedical Provider NetworkOrthomedJoyce Altman InterpretingFrivolous ActionsSanctionsCosts
References
Case No. ADJ10473584
Regular
Aug 17, 2018

MIGUEL SANTANA vs. MULHOLLAND TENNIS CLUB, INC., SECURITY NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) reconsidered an administrative law judge's (ALJ) decision regarding interpreter fees owed to Joyce Altman Interpreters, Inc. (Altman) by Mulholland Tennis Club. The WCAB found that Altman's interpreter services were not medical-legal expenses but rather Section 5811 costs, thus not subject to Section 4622 penalties for late payment. However, the WCAB rescinded the ALJ's order and remanded the case for further proceedings to determine if sanctions under Section 5813 are warranted for the defendant's admitted failure to pay within the 60-day timeframe, shifting the burden to the defendant to prove excusable neglect.

Workers' Compensation Appeals BoardMiguel SantanaMulholland Tennis ClubSecurity National Insurance CompanyAmTrustJoyce Altman InterpretersPetition for ReconsiderationFindings of Fact and OrderWCJpenalties
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. ADJ4388600
Regular
Sep 09, 2011

CARLOS CALVILLO vs. ALLIED BUILDING MAINTENANCE, LIBERTY MUTUAL INSURANCE COMPANY

The lien claimant, Joyce Altman Interpreters, sought reconsideration of an award for interpreter services, arguing they were owed the full amount claimed plus penalties and interest. The Workers' Compensation Appeals Board denied the petition, upholding the administrative law judge's decision. The judge found that while some interpreter services were compensable, the claimant's documentation was deficient and charges were unreasonable, precluding full recovery of penalties and interest. The Board agreed that statutory provisions do not expressly allow penalties and interest for interpreter services in this context.

Lien claimantJoyce Altman InterpretersPetition for ReconsiderationSupplemental Findings and AwardCompromise and Releasepenalties and interestLabor Code section 4600reasonably required interpreter servicesReport and Recommendationcustodian of records
References
Case No. ADJ8658755
Regular
Mar 22, 2018

JOSE ALCAIDE SIERRA vs. MARK BOWERS DRYWALL, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of an order awarding interpreter fees. The Board found that the award did not violate Rule 10451.3 because the interpreter services were rendered during a hearing, allowing the WCJ to assess their necessity and qualifications directly. Unlike situations requiring a formal petition for costs, the WCJ's personal observation and lack of objection from the defendant at the hearing supported the award. The Board also found the order sufficiently supported by the facts presented.

Petition for ReconsiderationAppeals Board Rule 10451.3Petition for CostsInterpreter feesLabor Code section 5710(b)(5)Administrative Director Rule 9795.3(a)(5)WCJHearingInterpreter qualificationsUnsupported order
References
Case No. ADJ8543406
Regular
Jun 01, 2018

JOSE HERNANDEZ vs. ALBA CONSTRUCTION COMPANY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's denial of sanctions for delayed payment of interpreter services. The Board found that the interpreter services for the Compromise and Release were reasonable and necessary under AD Rule 9795.3. Defendant received the invoice on February 24, 2016, but did not pay it until August 2, 2017, exceeding the 60-day payment requirement of AD Rule 9795.4. Therefore, the Board rescinded the prior findings and returned the matter for further proceedings on the petitions for costs and sanctions.

WCABJoyce Altman InterpretersAD Rule 9795.4AD Rule 9795.3Labor Code Section 5813Petition for ReconsiderationFindings of FactCompromise and ReleaseInterpreter ServicesClaims Administrator
References
Case No. ADJ8149505 ADJ8149506
Regular
Apr 10, 2018

MARTHA BELTRAN vs. KIMCO STAFFING/KIMSTAFF HR, SEDGWICK

This case involved a dispute over a hospital lien claim from Monrovia Memorial Hospital. Initially, the Workers' Compensation Judge (WCJ) found insufficient evidence on the reasonableness of the hospital charges and ordered the parties to attempt to resolve it. After the hospital petitioned for reconsideration, the parties engaged in mediation and reached a settlement. The Appeals Board approved the stipulation, ordering the defendant to pay Monrovia Memorial Hospital $70,000 for its lien claim. Additionally, the defendant was ordered to reimburse another lien claimant, Joyce Altman Interpreters, $13,020.90$.

Workers' Compensation Appeals BoardLien ClaimPetition for ReconsiderationJoint Findings and OrdersBill ReviewerStipulationsMediationWCJADJ8149505ADJ8149506
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. 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
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