WCPanelIQ
PanelLienGranted

Vasquez, Felix

FELIX VASQUEZ, Applicant vs. MILLWORK BROTHERS, INC., PALOMAR SPECIALTY INSURANCE COMPANY, administered by OMAHA NATIONAL UNDERWRITERS, Defendants

ADJ number
ADJ17237792
Decision date
Oct 15, 2024
District office
Van Nuys
WCJ
—
Claim administrator
Omaha National Underwriters (administering for Palomar Specialty Insurance Company)
Commissioners
JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER
LC §5909LC §5900LC §5905LC §5811LC §4603.2LC §4600LC §5813LC §5590CCR §9795.3CCR §9795.1.5CCR §10451.3CCR §10545CCR §10600CCR §10850CCR §10940CCR §10625CCR §10305CCR §10205.5CCR §10400CCR §10401CCR §10590

Summary

Cost petitioner Tony Barriere Interpreting Service provided Spanish translation for the reading of a Compromise and Release to applicant Felix Vasquez and billed $270.00, of which defendant paid only $175.00, citing AD Rule 9795.3. The WCJ found the interpreting services were governed by AD Rule 9795.3(b)(2) (the $11.25/quarter hour rate) rather than 9795.3(b)(1) (court fee schedule or market rate), denied attorney fees and costs, and found no bad faith. The Board granted reconsideration, holding that reading of a C&R to a limited-English applicant is analogous to a board hearing, deposition, or arbitration and is therefore subject to AD Rule 9795.3(b)(1). The Board also rejected defendant's service/dismissal argument, finding any service error harmless since defendant timely filed its answer. The F&O was rescinded and the matter returned to the WCJ for further proceedings and a new decision.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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