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Case Law Database

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

Case No. MISSING

Regular Panel Decision

In re Yovanny L.

This case addresses the accuracy of court interpreter translations in a juvenile delinquency proceeding. The Assistant Corporation Counsel moved to strike the complainant's testimony, alleging significant errors by the court-appointed Mandarin interpreter. After conducting a hearing and considering testimony from both the Assistant Corporation Counsel and the interpreter, the court acknowledged that some minor errors in translation and interpreter conduct occurred. However, the court ultimately found these errors to be isolated instances and not sufficiently serious or pervasive to cause major prejudice to any party. Consequently, the drastic remedy of striking the testimony and starting anew was denied, and the trial was ordered to resume with a different Mandarin interpreter.

Juvenile DelinquencyCourt InterpretersTranslation AccuracyDue Process RightsEvidentiary MotionTestimony AdmissibilityMandarin LanguageFamily Court ProcedureJudicial ReviewProcedural Errors

References

Case No. ADJ3486051 (AHM 0146817)

Regular

Nov 23, 2009

HONG LI vs. MANDARIN TOUCH RESTAURANT, THE HARTFORD

This case involves two related Workers' Compensation Appeals Board decisions. The first order corrects a clerical error in a previous caption. The second, more substantive decision, grants reconsideration of a WCJ's order regarding deposition costs and sanctions. The Board rescinded the WCJ's decision, finding that the defendant was not afforded proper notice and opportunity to be heard regarding sanctions and penalties. The matter is returned to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardReconsiderationDeclaration and OrderOpinion and Order Granting ReconsiderationDecision After ReconsiderationClerical ErrorQualified Medical Examiner (QME)Deposition CostsLabor Code Section 5813Sanctions

References

Case No. ADJ9888698 ADJ9888716

Regular

Jun 19, 2017

YI HE vs. MANDARIN CHINESE FOOD AND SUSHI, AMTRUST SAN DIEGO

The Workers' Compensation Appeals Board granted reconsideration and affirmed an order reinstating a Compromise and Release settlement. The defendant sought to deduct additional permanent disability advances beyond what was initially approved, claiming a mutual mistake. However, the Board found the discrepancy to be a unilateral mistake by the defendant, who drafted the agreement and failed to prove applicant's knowledge or exploitation of the error. Consequently, the Board ordered the reinstatement of the original settlement, amended only to correct a clerical omission of a case number.

Permanent Disability AdvancesCompromise and ReleaseUnilateral MistakeReconsiderationWorkers' Compensation Appeals BoardRescission of ContractEquitable CreditUnjust EnrichmentOrder Approving Compromise and ReleasePetition for Reconsideration

References

Case No. ADJ8286658

Regular

Jan 17, 2014

RAMIRO DORANTEZ VASQUEZ vs. MANDARIN RESTAURANT, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration because it was not taken from a final order, as it pertained to interlocutory procedural decisions like venue and potential sanctions, not substantive rights. The Board also denied the petition for removal, finding no showing of substantial prejudice or irreparable harm if removal was not granted. The Administrative Law Judge's report, incorporated by reference, also recommended dismissal of the reconsideration petition because no final order had issued, and further found no basis for changing venue or reducing proposed sanctions. The matter was returned for a hearing on the sanctions notice after the Board's decision.

Petition for ReconsiderationFinal OrderSubstantive RightInterlocutory OrderRemovalPetition for Change of VenueSanctionsRepetitive TraumaHostile Work EnvironmentPsyche Injury

References

Case No. MISSING

Regular Panel Decision

In re the Claim of Soo Tsui

The case involves an appeal from decisions of the Unemployment Insurance Appeal Board regarding Language Services Associates, Inc.'s (LSA) liability for unemployment insurance contributions. A claimant, a Cantonese and Mandarin interpreter, filed for benefits after ceasing work for LSA. The Department of Labor determined she was an employee, not an independent contractor, making LSA liable. LSA appealed, but an Administrative Law Judge and the Unemployment Insurance Appeal Board affirmed the Department's determination. The court, in turn, affirmed the Board's decision, finding substantial evidence of an employer-employee relationship based on LSA's control over assignments, payment practices, and performance monitoring. The court also upheld LSA's liability for similarly situated individuals and found no conflict with Department of Labor guidelines for the translating and interpreting industry.

Employment StatusIndependent ContractorEmployer-Employee RelationshipUnemployment Insurance ContributionsInterpretersTranslation ServicesDepartment of LaborUnemployment Insurance Appeal BoardSubstantial EvidenceWorker Classification

References

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In re Yovanny L.

Juvenile DelinquencyCourt InterpretersTranslation AccuracyDue Process RightsEvidentiary MotionTestimony AdmissibilityMandarin LanguageFamily Court ProcedureJudicial ReviewProcedural Errors

HONG LI vs. MANDARIN TOUCH RESTAURANT, THE HARTFORD

YI HE vs. MANDARIN CHINESE FOOD AND SUSHI, AMTRUST SAN DIEGO

RAMIRO DORANTEZ VASQUEZ vs. MANDARIN RESTAURANT, EMPLOYERS COMPENSATION INSURANCE COMPANY

Petition for ReconsiderationFinal OrderSubstantive RightInterlocutory OrderRemovalPetition for Change of VenueSanctionsRepetitive TraumaHostile Work EnvironmentPsyche Injury

In re the Claim of Soo Tsui