Maria Luisa Bautista — ADJ11137960

Cost Petitioner Santana Lopez & Associates provided interpreter services at a June 20, 2018 Mandatory Settlement Conference for applicant Maria Luisa Bautista. The WCJ awarded a $250.00 interpreter fee at the market rate plus $850.00 in costs under WCAB Rule 10545(h) (Labor Code section 5813 sanctions/costs). Defendant sought reconsideration, arguing it had paid per the fee schedule, that the interpreter failed to request a second review, and that hearing interpreter fees are medical-legal expenses subject to a fee schedule. The Board affirmed the interpreter fee at the market rate but rescinded the sanctions/costs award because the WCJ never found bad faith conduct nor afforded defendant notice and an opportunity to be heard. The Board granted reconsideration, substituted a finding entitling the cost petitioner to $250.00, ordered defendant to pay a $93.44 balance, and deferred the remaining issues with jurisdiction reserved at the trial level.