USA Waste Services; National Union Fire Insurance Company Raul Perez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARAUL PEREZ, Applicant,vs.USA WASTE SERVICES; NATIONAL UNION FIRE INSURANCE COMPANY, Defendants.Case No. ADJ3564079 (SDO 0254307) OPINION AND DECISION AFTER RECONSIDERATION On March 7, 2011, we granted the Petition for Reconsideration filed by lien claimant, Langlink Interpreters, Inc. (LC), in order to allow sufficient opportunity to further study the factual and legal issues in this case. This is our Decision After Reconsideration.1 Applicant, while employed as a driver on September 17, 1998, sustained an industrial injury to his back, psyche and neck. On March 25, 2002, he received a stipulated Award of 64% permanent disability and need for future medical treatment. LC filed a lien for interpreter services at applicant’s appointments with treating physicians between 2006 and 2010 in the amount of $5,175. Defendant denied the lien. After trial on December 9, 2010, the workers’ compensation administrative law judge (WCJ) issued a Findings and Order disallowing the lien. In his Opinion on Decision, the WCJ stated that LC failed to produce medical reports indicating that the interpreter services were provided in conjunction with treatment for applicant’s industrial injury; and failed to prove that the interpreter services were necessary, because the physician had a Spanish-speaking staff member; and that interpreter services were not pre-authorized. In its petition for reconsideration, LC contends that interpreter services are authorized under 1 This matter had to be reassigned to a new Appeals Board panelist since prior panelist, Commissioner James C. Cuneo, was no longer sitting as a Commissioner. , Labor Code section 4600;2 that LC’s charges were only for appointments with applicant’s treating doctor; and that there is no legal requirement for pre-authorization of interpreter services. Defe
