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INTERPRETERS

SB 863 revised Labor Code §5710(b)(5): "If interpretation services are required because the injured employee or deponent does not proficiently speak or understand the English language, upon a request from either, the employer shall pay for the services of a language interpreter..."

SB 863 also revised Labor Code §5811(b)(2):  "A qualified interpreter is a language interpreter who is certified, or deemed
certified, pursuant to Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of, or Section 68566 of, the Government Code. The duty of an interpreter is to accurately and impartially translate oral communications and transliterate written materials, and not to act as an agent or advocate. An interpreter shall not disclose to any person who is not an immediate participant in the communications the content of the conversations or documents that the interpreter has interpreted or
transliterated unless the disclosure is compelled by court order. An attempt by any party or attorney to obtain disclosure is a bad faith tactic that is subject to Section 5813."

Labor Code §4620 was revised to include as a med-legal expense "fees by a certified interpreter pursuant to Article 8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of, or Section 68566 of, the Government Code, for the purpose of proving or disproving a contested claim.” Subsection (d) provides:

“If the injured employee cannot effectively communicate with an examining physician because he or she cannot proficiently speak or understand the English language, the injured employee is entitled to the services of a qualified interpreter during the medical examination. Upon request of the injured employee, the employer or insurance carrier shall pay the costs of the interpreter services, as set forth in the fee schedule adopted by the administrative director pursuant to Section 5811. An employer shall not be required to pay for the services of an interpreter who is provisionally certified unless either the employer consents in advance to the selection of the individual who provides the interpreting service or the injured worker requires interpreting service in a language other than the languages designated pursuant to Section 11435.40 of the Government Code.

The DWC warned that failure to provide a necessary interpreter at a medical treatment appointment may constitute a failure to provide medical treatment.

Label Item Links Comments
Labor Code Depositions LC §5710(b)(5   
  Med-legal costs
LC §5811(b)(2)  
Med-legal expenses, medical examinations LC §4620  
Regulations/Rules Post SB 863 final regs

Notice of Right To Interpreter: "The notice of hearing, deposition, or other setting shall include a statement explaining the right to have an interpreter present if they do not proficiently speak or understand the English language. Where a party is designated to serve a notice, it shall be the responsibility of that party to include this statement in the notice."
Post SB 863 regs
 
Forms      
Websites

DWC Answers to frequently asked questions about interpreter certification

Certified Interpreter Listings: see 8 CCR §9795.1.5 and §9795.1.6 (new regs)

DWC FAQ


Listings by name and Court
 
Practice Tips  Note that rule changes “now allow interpreters to file petitions for costs for depositions, including medical-legal depositions.” Also, IMR and IBR “will not be determining whether the injured employee can proficiently speak or understand English.” See Reasons for changes   
Articles
SB 863 Final Interpreter Services Rules Effective 8-13-2013 Summary with links  
Magazine Articles
 
Roundtable    
Miscellaneous      

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