What the panel ordered
Petition for reconsideration granted; WCJ's Findings and Order rescinded; matter returned to WCJ for further proceedings consistent with WCAB decision.
Petition for reconsideration filed by cost petitioner Suzie Jimenez Interpreting Services, Inc. after WCJ denied entitlement to further payment for interpreting services; WCAB grants reconsideration, rescinds WCJ's Findings and Order, and returns matter for further proceedings.
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.
The WCAB found that the defendant failed to ensure the MSC was taken off calendar after venue change, making the interpreter services necessary and the defendant liable for payment. The WCJ's prior focus on the applicant's representative's conduct was misplaced because the interpreter was required for meaningful participation.
From the decision · page 6The WCJ's focus on the reasonableness of the conduct of applicant's representative in scheduling an interpreter for the MSC is misplaced. Appearance at the MSC was required, and when an applicant requires an interpreter so that the applicant may meaningfully participate, the interpreter is necessary, and a diligent representative should ensure that an interpreter is available. As stated above, section 5811 and AD Rules 9797.3 and 9795.4 provide the framework for consideration of payment to interpreters who appear for WCAB proceedings, and it is reasonably contemplated that even if the interpreter does not actually provide services, the interpreter is still entitled to payment. Here, defendant could have avoided liability for payment to the interpreter by making sure ahead of time that the MSC was taken off calendar. It did not.