Erick Salazar — ADJ12703817

Cost petitioner NAP Interpreting sought discovery from defendant to establish the market rate for Spanish interpreting services in the same geographic region, the sole dispute being the proper rate of payment for undisputed, reasonable interpreter services. The WCJ ordered defendant to serve explanations of review for similar interpreter services, a current benefits printout, to develop the record on what specific non-privileged guidelines were sought, and to produce a witness most knowledgeable for deposition regarding market rate determination. Defendant petitioned for removal, arguing the orders improperly shifted the burden of proof to defendant and that discovery should remain closed. The Board treated the petition as one for reconsideration (because the F&O contained threshold AOE/COE findings) but applied the removal standard since only interlocutory discovery orders were challenged. The Board denied relief, finding defendant failed to show substantial prejudice or irreparable harm, and admonished defendant and its non-attorney representative that the arguments bordered on frivolous and could expose them to sanctions under section 5813 and proceedings under section 4907.