Almalilia Martinez, vs. Tracey Villa; National Fire Insurance Of Hartford, Administered By Cna Claims Plus,

In this case, Tracey Villa and National Fire Insurance of Hartford, administered by CNA Claims Plus, were taken to the Workers' Compensation Appeals Board of California by Almalilia Martinez. The petitioner, Peter Lopez & Associates, sought reconsideration of the Joint Findings and Award of July 6, 2009, which found that the reasonable value of the medical interpreting services was one-half of either the market rate ($125.00) or the amount charged ($120.00). The Appeals Board granted reconsideration to amend the finding to reflect that the medical sessions specified in the WCJ's Report are awarded at the greater of the stipulated market rate of $125.00 or the amount actually billed for those sessions, and that the other

TRACEY VILLA; NATIONAL FIRE INSURANCE OF HARTFORD, administered by CNA CLAIMS PLUS, ALMALILIA MARTINEZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALMALILIA MARTINEZ, Applicant,vs.TRACEY VILLA; NATIONAL FIRE INSURANCE OF HARTFORD, administered by CNA CLAIMS PLUS, Defendant(s).Case Nos. ADJ4243140 (OXN 0130418)ADJ2454787 (OXN 0130419)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Lien Claimant, Peter Lopez & Associates (“petitioner”), seeks reconsideration of the Joint Findings and Award of July 6, 2009, in which the workers’ compensation judge (WCJ) found, in relevant part, that the reasonable value of the medical interpreting services reflected in petitioner’s lien is one-half of either (a) the “market rate” ($125.00) or (b) the amount charged ($120.00), that the reasonable value of petitioner’s interpreting services at WCAB appearances is $147.00 per session, that there is no good cause to impose any penalty upon defendant, and that interest runs from the date of the July 6, 2009 Award, pursuant to Labor Code section 5800.            Petitioner contends, in substance, that pursuant to 8 Cal. Code Regs. §9795.3(b)(2) (Administrative Director (AD) Rules) petitioner should receive its full market rate of $12 5 . each medical treatment visit at which it provided interpreter services, except those dates of service billed at $120.00, that for interpreter services provided at WCAB appearances, petitioner should be awarded $147.00 for each appearance, and that the total value of petitioner’s lien is $8,106.00, plus interest.            We have considered the allegations of the petition for reconsideration and the Report and Recommendation of the WCJ with respect thereto. Based on our review of the record, and for the , reasons stated in said Report, which we adopt and incorporate, we will grant reconsideration to amend Finding 2 of the WCJ’s decision to reflect that the medical sessions specified in the WCJ’s Report

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