WCPanelIQ
PanelLienDismissed

Hernandez, Elmer

ELMER HERNANDEZ, et al., Applicants vs. TACO BELL, permissibly self-insured; administered by PENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCE COMPANIES, Defendants

ADJ number
ADJ16246113
Decision date
Sep 14, 2025
District office
Anaheim
WCJ
—
Claim administrator
Pennsylvania Manufacturers Association Insurance Companies
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, PAUL F. KELLY, COMMISSIONER

Injury / body parts: eye, nervous system (psych), nervous system (stress), nervous system (not specified), head

LC §5909LC §5900LC §5902LC §5903LC §5811CCR §10955CCR §9795.3

Summary

Cost petitioner LG Interpreting, Inc. filed a petition for costs claiming it was not fully paid for interpreter services provided in Elmer Hernandez's workers' compensation case, then moved to compel production of defendant's billing guidelines, market rate guidelines, and the identity of the person most knowledgeable. The WCJ issued a July 8, 2025 Findings and Order requiring defendant to produce its market rate guidelines and the name of the person most knowledgeable regarding those guidelines, while denying discovery of billing guidelines. Defendant, through its hearing representative, sought reconsideration arguing the market rate guidelines were protected attorney work product. The Board dismissed the petition for reconsideration because the discovery order was not a final order, and denied removal because defendant failed to show substantial prejudice or irreparable harm. The Board further found defendant failed to establish any work-product privilege, as no attorney asserted it and defendant was not represented by an attorney.

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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