Maribel Saldivar vs. Glen Avon Foods; State Farm Fire And Casualty Company

This case involves a dispute between Maribel Saldivar, an employee, and Glen Avon Foods and State Farm Fire and Casualty Company, the employer and insurer, regarding the payment of a lien for interpreting services. The administrative law judge found that the defendant was liable for the payment of the lien in the sum of $390.00, plus penalties and interest. The defendant sought reconsideration, arguing that the lien claimant did not meet its burden to prove that the services it provided were reasonably required, that the services were actually provided, that the interpreter was qualified to provide the services, and that the fees charged were reasonable. The Appeals Board granted reconsideration and reversed the Findings and Orders, finding that the l

Glen Avon Foods; State Farm Fire And Casualty Company Maribel Saldivar WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIBEL SALDIVAR, Applicant,vs.GLEN AVON FOODS; STATE FARM FIRE AND CASUALTY COMPANY, Defendants.Case No. ADJ1462509 (POM 0278641)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION             Defendant seeks reconsideration from the Findings and Orders issued by a workers’ compensation administrative law judge (WCJ) on July 18, 2011, wherein the WCJ found that defendant is liable for the payment of the lien of lien claimant, Joyce Altman Interpreters (lien claimant), in the sum of $390.00, plus penalties and interest, for interpreting services. In the underlying case, an Order Approving Compromise and Release issued on August 21, 2006, resolving applicant’s claim that, while employed as a meat clerk on March 18, 2004, she sustained industrial injury to her mid and low back.            Defendant contends that lien claimant did not meet its burden to prove that the services it provided were reasonably required, that the services were actually provided, that the interpreter was qualified to provide the services, and that the fees charged were reasonable.            We have considered the Petition for Reconsideration and we have reviewed the record in this matter. No Answer was received. The WCJ has filed a Report on Reconsideration (Report), recommending that the petition be denied. For the reasons set forth herein, we will grant reconsideration, and reverse the Findings and Orders allowing lien claimant’s lien in the sum of $390.00, plus penalties and interest, as we conclude that lien claimant is not entitled to reimbursement for its interpreting services. ,             As relevant here, applicant, while employed on March 18, 2004 as a meat clerk, sustained industrial injury to her mid and low back. The case in chief resolved based on the findings of the agreed medical examiner (AME), Lawrence Feiwell, M.D. An Ord

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