Jose Guitron

In this en banc decision, lien claimant E&M Interpreting sought reconsideration of a WCJ's order that allowed payment for Spanish interpreting services on only two dates (Dr. Boyarsky's initial and final evaluations) but denied the remaining $13,988.00 of charges for interpreting at chiropractic, physical therapy, and other treatment visits. The applicant, Jose Guitron, had sustained an admitted injury to his left elbow and psyche and resolved his case-in-chief by Compromise and Release. The WCAB held that under Labor Code section 4600 an employer must provide reasonably required interpreter services during medical treatment appointments for an injured worker who cannot speak, understand, or communicate in English, but that the interpreter lien claimant bears the burden of proving the services were reasonably required, actually provided, performed by a qualified interpreter, and reasonably charged. The Board rejected the WCJ's reasoning that Spanish interpreting in East Los Angeles is never reasonably required and his improper requirements that lien claimants prove staff unavailability and limited provider choice. The Board affirmed the allowed dates of service and amended the decision to defer (rather than deny as moot) decision on the remaining lien items, remanding for further proceedings.