ADJ11023915 — California WCAB decision

What the panel ordered

Petition for Reconsideration granted; WCJ Order of April 19, 2022 rescinded; matter returned to WCJ for further proceedings and new decision

Petition for Reconsideration filed by AB, Interpreters seeking review of WCJ Order dated April 19, 2022, regarding interpreter fees payment

Read the official decision →

What was disputed, and how it came out

Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.

Other disputed issueRemanded

The WCJ's original order lacked specific findings and reasoning on the payment amount; the WCAB found the interpreter services were not related to medical treatment and thus the Official Medical Fee Schedule did not apply, requiring further proceedings to determine the proper payment amount.

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

The interpreter services at issue were provided on November 5, 2020, for reading the Compromise and Release to applicant, not related to medical treatment.

Favours Defendant prevailed

This fact distinguishes the case from medical treatment interpreter fee rules and affects the applicable fee schedule and payment amount.

The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

Labor Code section 4600

Applies to medical treatment including interpreter fees needed for medical treatment appointments.

From the decision · page 3(a) Medical, surgical, chiropractic, acupuncture, and hospital treatment, including nursing, medicines, medical and surgical supplies, crutches, and apparatuses, including orthotic and prosthetic devices and services, that is reasonably required to cure or relieve the injured worker from the effects of the worker's injury shall be provided by the employer.... ... (g) If the injured employee cannot effectively communicate with the employee's treating physician because the employee cannot proficiently speak or understand the English language, the injured employee is entitled to the services of a qualified interpreter during medical treatment appointments. To be a qualified interpreter for purposes of medical treatment appointments, an interpreter is not required to meet the requirements of subdivision (f), but shall meet any requirements established by rule by the administrative director that are substantially similar to the requirements set forth in Section 1367.04 of the Health and Safety Code. The administrative director shall adopt a fee schedule for qualified interpreter fees in accordance with this section. (Lab. Code, § 4600.)1

Labor Code section 4603.2

Billing and payment requirements for interpreter services in various settings other than medical treatment.

From the decision · page 3Also, the billing/payment requirements in section 4603.2 are in regard to "A provider of

California Code of Regulations, title 8, section 9795.3

Fee schedule and billing rules for interpreter services not related to medical treatment.

From the decision · page 4(a) Fees for services performed by a certified or provisionally certified interpreter, upon request of an employee who does not proficiently speak or understand the English language, shall be paid by the claims administrator for any of the following events:... (6) A conference held by an information and assistance officer... to assist in resolving a dispute between an injured employee and a claims administrator. (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. (b) The following fees for interpreter services provided by a certified or provisionally certified interpreter shall be presumed to be reasonable: (1) For an appeals board hearing, arbitration, or deposition: interpreter fees shall be billed and paid at the greater of the following (i) at the rate for one-half day or one full day as set forth in the Superior Court fee schedule for interpreters in the county where the service was provided, or (ii) at the market rate.... (2) For all other events listed under subdivision (a), interpreter fees shall be billed and paid at the rate of $11.25 per quarter hour or portion thereof, with a minimum payment of two hours, or the market rate, whichever is greater.... (Cal. Code Regs., tit. 8, § 9795.3.)

ADJ11023915 · June 24, 2022

What the panel ordered

What was disputed, and how it came out

The facts that decided it

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The rules the panel named

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