WCPanelIQ
PanelLienDenied

Roberto Caballero Cruz — ADJ10995520

ROBERTO CABALLERO CRUZ, Applicant vs. BENU LLC DBA MONSIEUR BENJAMIN; ZENITH INSURANCE, Defendants

ADJ number
ADJ10995520
Decision date
Feb 21, 2023
District office
San Francisco
WCJ
Elizabeth Dehn
Claim administrator
Zenith Insurance
Commissioners
—

Injury / body parts: chest, abdomen

LC §5902LC §5705LC §3202.5CCR §9795.3CCR §9795.1CCR §9795.4CCR §10628

Summary

Applicant Roberto Caballero Cruz sustained an industrial injury to his chest and abdomen while working as a dishwasher in March 2017. Cost petitioner Bay Area Interpreting filed a petition for costs seeking an unpaid balance of $75 for interpreting services rendered at the signing of a compromise and release on June 26, 2019, plus interest, penalties, costs, and attorneys' fees. The WCJ found that the cost petitioner failed to meet her burden of proving the market rate for her services because she submitted only her own invoices and no evidence of fees accepted by other interpreters in the same geographical area. The WCJ also found defendant timely paid the undisputed portion and contested the balance, so no penalties or fees were warranted. The WCAB adopted and incorporated the WCJ's report and denied reconsideration.

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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