Rnb Furniture, Inc.; Employers Preferred Insurance Company Graciela Garcia WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGRACIELA GARCIA, Applicant,vs.RNB FURNITURE, INC.; EMPLOYERS PREFERRED INSURANCE COMPANY. Defendants,Case No. ADJ9416808OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Lien claimant, Joyce Altman Interpreters, seeks reconsideration of the October 29, 2019 Findings and Order wherein the workers* compensation administrative law judge (WCJ) found that lien claimant did not meet its burden of proof on the issue of the market rate for their services and ordered that lien claimant take nothing further on its lien. Lien claimant contends that it did meet it burden of proof because its market rate is presumptively reasonable, a representative sample is not required to establish a market rate, and defendant waived all objections to paying at the market rate. Lien claimant also contends that the WCJ erred by reducing its lien for dates of service related to a functional capacity evaluation. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report) recommending that reconsideration be denied. For the reasons stated by the WCJ in his Report which we adopt and incorporate by reference, and for the reasons discussed below, we will deny reconsideration. AD rule 9795.1 defines “market rate” as “the amount an interpreter has actually been paid for recent interpreter services provided in connection with the preparation and resolution of an employee*s claim.” (Cal. Code Regs., tit. 8, § 9795.1.) AD rule 9795.3(b) provides guidance on establishing a market rate. “The interpreter shall establish the market rate for the interpreter’s services by submitting documentation to the claims administrator, including a list of recent similar services performed and the amounts paid for those services.” (8 Cal. Code Regs., tit.8, § 9795.3(b)(1).) The process of determining a , market rate fo
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