October 29, 2007 Source:
WorkInjury.com
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Board Sides With Interpreters Overturning Judge's Decision
In a case not yet citable as precedent (because it's neither an en banc decision, nor designated as a "significant panel decision"), the WCAB reversed a Long Beach WCJ who had disallowed an interpreter's lien for all but the first treating doctor's visit.
Earlier this month, the Board, on reconsideration in Perez v. A's Match Dyeing, Inc. (SCIF), allowed a lien for the costs of interpreting services for re-evaluation visits with the applicant's treating doctor despite there not being express language in either the Labor Code or the applicable rule (Section 9795.3, printed at the bottom of this article) permitting the reimbursement of such expenses.
The Board Panel cited an earlier case (Garcia v. SCIF) which had permitted reimbursement for similar interpreter services by using the same logic courts have used to allow medical transportation expenses despite no specific mention of such expenses in Labor Code Section 4600.
The Board should be considering whether to designate the case a "significant panel decision" and WorkInjury.com will of course keep you apprised.
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As you can see, CCR 9795.3 pretty much covers all other situations for interpreter services except treater's re-evaluations! It reads in pertinent part:
(a) Fees for services performed by a qualified interpreter, where the employee does not proficiently speak or understand the English language, shall be paid by the claims administrator for any of the following events:
(1) An examination by a physician to which an injured employee submits at the requests of the claims administrator, the administrative director, or the appeals board;
(2) A comprehensive medical-legal evaluation as defined in subdivision (c) of Section 9793, a follow-up medical-legal evaluation as defined in subdivision (f) of Section 9793, or a supplemental medical-legal evaluation as defined in subdivision (k) of Section 9793...
(3) A deposition of an injured employee or any person claiming benefits as a dependent of an injured employee, at the request of the claims administrator, including the following related events:
(i) Preparation of the deponent immediately prior to the deposition,
(ii) Reading of a deposition to a deponent prior to signing, and,
(iii) Reading of prior volumes to a deponent in preparation for continuation of a deposition.
(4) An appeals board hearing, arbitration, or formal rehabilitation conference.
(5) An informal rehabilitation conference.
(6) A conference held by an information and assistance officer...
(7) Other similar settings determined by the Workers' Compensation Appeals Board to be reasonable and necessary to determine the validity and extent of injury to an employee.
- Help for the Injured Worker
