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.
From the decision · page 8In the present matter, cost petitioner is entitled to payment for the translation services it provided to applicant for the reading and signing of the C&R under AD Rule 9795.3(b)(1). The issue is the amount that cost petitioner is entitled to be paid for its translation services provided.
The issue of defendant's liability for sanctions, penalties, costs, interest, and attorney's fees is deferred to the WCJ for further proceedings.
From the decision · page 9Last, regarding the issue of defendant's liability for attorney's fees, interest, costs, sanctions and penalties, the WCJ should address the issue in the first instance, and we will defer the issue.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant required Spanish translation services to understand the C&R; cost petitioner provided such services and billed at the market rate; defendant paid only a partial amount; cost petitioner met its burden for the additional amount under AD Rule 9795.3(b)(1).
Favours Applicant prevailed
These facts established entitlement to the higher payment for translation services under the applicable regulation.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
AD Rule 9795.3(b)(1); Lab. Code §§ 5000-5003; Camacho v. Target (2018) 24 Cal.App.5th 291
Due process requires that services for translation of a C&R must be provided to a non-English speaking worker and are subject to payment under AD Rule 9795.3(b)(1).
Applied to require payment for translation services at the higher rate for C&R translation for non-English speaking worker.
From the decision · page 8In sum, we conclude that due process requires that services for translation of a C&R must be provided to a non-English speaking worker and are subject to payment under AD Rule 9795.3(b)(1).
What proof carried it
The evidence the panel weighed, by kind.
Cost petitioner provided invoice and market rate information for translation services, and defendant made partial payment; cost petitioner met its burden to show entitlement to additional payment under AD Rule 9795.3(b)(1).
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