QUIZNOS; STATE FARM 21567 BAKERSFIELD, MARIA ISABEL RAMIREZ, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA ISABEL RAMIREZ, Applicant,vs.QUIZNOS; STATE FARM 21567 BAKERSFIELD, Defendants.Case No. ADJ1220602 (SJO 0264607)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of a workers’ compensation administrative law judge’s (“WCJ”) Findings and Award of June 10, 2009, wherein the WCJ allowed the lien claim of Ditto Interpreting (“Ditto”) in the amount of $1,570. Previously in this matter, by way of a stipulated Award of November 6, 2007, it was found that, while employed as a fast food worker on September 30, 2006, applicant sustained industrial injury to her left leg, right arm, back, right shoulder, and left knee causing permanent disability of 29% and the need for further medical treatment. Subsequently, Ditto purportedly provided interpreting services at 17 of applicant’s medical appointments with her primary treating physician, Hessam Noralahi, M.D., from December of 2007 through June of 2008. Applicant’s claims against defendant were ultimately settled for $33,500 by way of a Compromise & Release agreement approved on December 3, 2008. Defendant contends that the WCJ erred in allowing Ditto’s lien. Among other things, defendant argues: (1) that its liability for reasonable medical expenses pursuant to Labor Code § 4600 does not include interpreting services at a medical appointment; (2) that it was not liable for interpreting services pursuant to Administrative Rule 9795.1 et seq. (Cal. Code Regs., tit. 8, § 9795.1 et seq.) because there was no evidence presented that the interpreters utilized by Ditto were certified or provisionally certified; (3) that there was insufficient evidence that interpreting , services were reasonably necessary because the applicant apparently attended some medical appointments without an interpreter; (4) that it should not be liable for
Maria Isabel Ramirez, vs. Quiznos; State Farm 21567 Bakersfield,
(SJO 0264607) is a case involving Maria Isabel Ramirez and Quiznos; State Farm 21567 Bakersfield. Ramirez was injured while employed as a fast food worker and sought workers' compensation. The case was settled for $33,500 by way of a Compromise & Release agreement. The Workers' Compensation Appeals Board granted reconsideration of a workers' compensation administrative law judge's Findings and Award of June 10, 2009, wherein the WCJ allowed the lien claim of Ditto Interpreting in the amount of $1,570. The Board found that the lien claimant did not adequately establish the reasonableness of its fees and returned the matter to the trial level for further proceedings and decision.
- Filed On:
- Court: California, San Jose
- Case No. ADJ1220602
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