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Carlos Calvillo vs. Allied Building Maintenance Liberty Mutual Insurance Company

Allied Building Maintenance Liberty Mutual Insurance Company Carlos Calvillo WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACARLOS CAL VILLO, Applicant, vs.ALLIED BUILDING MAINTENANCE, LIBERTY MUTUAL INSURANCE COMPANY, Defendants.Case No. ADJ4388600 (MON 0345010) OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Lien claimant, Joyce Altman Interpreters, seeks reconsideration of the Supplemental Findings and Award issued June 27, 2011, wherein the workers’ compensation administrative law judge (WCJ) found that the claim of applicant had been resolved by Compromise and Release on June 9, 2008, for $15,000.00 by petitioner. The decision further noted that defendant paid petitioner $900.00 for ten dates of Spanish interpreting services and $178.81 for claimed penalties and interest, in the total amount of $1,078.81. The WCJ also noted in the decision that petitioner claimed an additional $1,120.00 and additional penalties and interest. However, the WCJ awarded petitioner “the sum of $487.50, after credit to the employer for payment made on account of the principal balance claimed by the lien claimant.” The WCJ specifically found that “lien claimant is not entitled to penalty and interest on said sum prior to the Award hereafter made.”            Lien claimant contends that the WCJ erred by failing to award the entire amount of its claimed lien plus penalties and interest. Petitioner argues that Labor Code section 4600 requires payment for reasonably required interpreter services during medical treatment appointment, and that interest and penalties should also apply to interpreter services.            In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ set forth the bases for the decision and noted, beginning at page 3: ,  “At trial, Joyce Altman testified, as did Chris Alcala, on behalf of Altman. Alcala testified that he was Altman’s custodian of records (MOH, p. 3, 1. 23), not that he was ‘the president of the c


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