Lopez, Marai

Cost petitioner Ortiz Schneider Interpreting and Translation provided interpretation/reading services for a Compromise and Release signing for applicant Marai Lopez and billed its $350.00 market rate. Zenith Insurance paid only $235.00 and objected to the $115.00 balance, despite having paid this same cost petitioner $350.00 for the identical service on at least six prior occasions and having stated in its own correspondence that it pays at the market rate. The WCJ found the underpayment unreasonable, established the $350.00 market rate, and awarded the cost petitioner $8,451.00 in attorney fees plus $899.00 in costs. Defendant petitioned for reconsideration arguing it was not bad faith to contest the market rate. The WCAB denied reconsideration, adopting the WCJ's report and emphasizing that defendant was on notice it had previously paid the requested rate, making its objection unreasonable.