Medway Plastics Corporation; Pacific Comp Claim Cristobal Salinas WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACRISTOBAL SALINAS, Applicant,vs.MEDWAY PLASTICS CORPORATION; PACIFIC COMP CLAIM, Defendants.Case No. ADJ1157715 (LBO 0377801)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Lien claimant, Translating Sources, Inc., seeks reconsideration of the Findings and Order, issued July 12, 2011, in which a workers’ compensation administrative law judge (WCJ) disallowed reimbursement to lien claimant for translation services provided at twenty medical evaluations, and allowed reimbursement at the statutory rate for one evaluation and reimbursement without a presumed rate of payment for three evaluations. As for the disallowed claims, the WCJ concluded that reimbursement was not allowed because either non-certified interpreters were used and the physician’s report did not note the provisional use of a non-certified interpreters, or because medical reports from the dates of service were non-existent, not substantial evidence, or lien claimant offered identical reports and claimed they were for separate evaluations. Lien claimant contests the WCJ’s disallowance of the multiple dates of interpreter services, contending that it has met its burden of proof to establish its entitlement to reimbursement for each date of service. We have considered the allegations and arguments of the Petition for Reconsideration, and have reviewed the record in this matter and the WCJ’s Report and Recommendation on Petition for Reconsideration of August 16, 2011, which considers, and responds to, each of the lien claimant’s contentions. Based upon our review of the record, and for the reasons stated in the WCJ’s Report, which we adopt and incorporate as the decision of the Board, we will affirm most of the WCJ’s determination. However, for a single date of service, May 31, 2006, we shall grant reconsideration and amend the
Cristobal Salinas vs. Medway Plastics Corporation; Pacific Comp Claim
(LBO 0377801)In this case, the Workers' Compensation Appeals Board granted reconsideration for the limited purpose of allowing reimbursement for interpreter services provided on May 31, 2006, for Cristobal Salinas. The Board determined that if the interpreter actually provided services at a medical examination by the treating physician, the fact that the physician's report is "too sparse" does not preclude reimbursement.
- Filed On:
- Court: California, Long Beach
- Case No. ADJ1157715
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