Find Solutions & Strategies                          October 28, 2013

A Note From the Editor

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In what appears to be a case of first impression, a WCAB panel has held that the defendant, and not the applicant, is entitled to select the interpreter for purposes of the applicant's deposition. Why this case is important: Defendants will select an interpreter who bills at a contract rate, which isn't higher than the Superior Court fee schedule, instead of at the interpreter's market rate, which is substantially higher. The LexisNexis headnote for this case reads as follows:

WCAB Procedure; Interpreter Fees; Selection of Interpreter. WCAB, denying removal, affirmed WCJ's order identifying defendant, rather than applicant, as party entitled to select and hire Spanish language interpreter to be present at applicant's deposition based upon unambiguous language in LC 5811(b)(1), under which party "producing the witness" must select and provide for appropriate interpreter, when, despite applicant's contrary position, WCAB found that plain dictionary meaning of phrase "producing party" as used in LC 5811(b)(1) is party causing deposition to be taken, which in this case was defendant, that such interpretation of LC 5811(b)(1) is consistent with universal practice in workers' compensation cases for party setting deposition to arrange for both court reporter and interpreter, and that there was no basis to support conclusion that defendant's selection of interpreter would be impractical, jeopardize applicant's attorney-client privilege, or be against public policy. See Contreras panel decision.

On October 11, 2013, the Workers'  Compensation Section of The State Bar of California presented its Steve Jimenez Special Recognition Awards to these recipients:

Lifetime Achievement Award: Hon. George Mason was recognized  for his "significant and lasting contributions to California's workers' compensation system for nearly 40 years." A former Acting Deputy Administrative Director, Presiding Judge, trial judge, and trial lawyer, he now assists litigants as an arbitrator and mediator. He is a frequent speaker at educational events. He has served as President and Vice President of the Conference of California Workers' Compensation Judges. He was named Judge of the Year in 1993 by the Workers' Comp Section of The State Bar.

Judge of the Year: Hon. Ralph Zamudio, a workers' compensation judge since 1990, has received numerous awards, including...read more.

Defense Attorneys: Don't Leave Your Clients in the Dark...

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