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

Case No. ADJ3587886 (LAO 0857059)
Regular
Jul 05, 2012

JUAN ROSA vs. R.C. WENDT PAINTING, INC., STATE COMPENSATION INSURANCE FUND

This case concerns a petition for reconsideration by lien claimant Liz West Interpreting regarding a $\$500.00$ sanction. The Workers' Compensation Appeals Board previously ordered sanctions against Liz West Interpreting and Collective Resources for sanctionable actions outlined in a Notice of Intention. The Board found that Liz West Interpreting is liable for the actions of its representative. Consequently, the petition for reconsideration is denied, upholding the original sanction order.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsLien ClaimantJointly and SeverallyNotice of Intention to Impose SanctionsOpinion and OrderCollective ResourcesLiz West InterpretingR.C. Wendt Painting
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. ADJ3587886 (LAO 0857059)
Regular
Feb 03, 2012

JUAN ROSA vs. R.C. WENDT PAINTING, INC., STATE COMPENSATION INSURANCE FUND

This case involves a Petition for Reconsideration filed by Liz West Interpreting, represented by Collective Resources, concerning a decision from August 23, 2011. The Workers' Compensation Appeals Board (WCAB) has granted the petition. The WCAB deems reconsideration necessary to thoroughly review the factual and legal issues to ensure a just and reasoned decision. All future communications regarding this matter should be directed to the Office of the Commissioners in San Francisco.

Petition for ReconsiderationWorkers' Compensation Appeals BoardLiz West InterpretingCollective Resourcesstatutory time constraintsfactual and legal issuesjust and reasoned decisionDecision After ReconsiderationOffice of the Commissioners
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
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. 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
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. ADJ757747
Regular
Aug 09, 2010

CRISTINA BANDERAS vs. DIJON ENTERPRISES dba McDONALDS, ZENITH INSURANCE COMPANY

This case involves a lien claimant's petition for removal after a WCJ ordered the defendant to provide only medical reports the defendant intended to rely on. The Appeals Board granted removal, ordering the defendant to produce all medical reports in its possession, as required by regulation. The Board also struck a portion of the WCJ's order regarding proof of interpreter market rates, finding the issue was not properly before the WCJ. Finally, the Board found no evidence of bias by the WCJ and returned the case for further proceedings.

Workers' Compensation Appeals BoardRemovalLien ClaimantMedical ReportsWCJBiasInterpreter FeesMarket RateQualified InterpreterCertified Interpreter
References
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