Authorities as the decision cited them, with how this panel applied each one.
Labor Code
Labor Code section 4622
Section 4622 governs the reasonable value of medical-legal invoices and the defendant's obligation to timely object or pay.
From the decision · page 4II.
The analysis then shifts to the reasonable value of the invoices pursuant to section 4622.
(See Colamonico, supra.) A defendant has 60 days to review and analyze a medical-legal bill or
invoice. (Lab. Code, § 4622(a)(1).) A defendant essentially has two options within this 60-day
window: It may pay the bill or invoice in full or pay less than the full amount. If a defendant does
not pay the invoice in full within 60 days, "the portion of the billed sum then unreasonably unpaid
shall be increased by 10 percent, together with interest thereon at the rate of 7 percent per annum
retroactive to the date of receipt of the bill and report by the employer." (Lab.
Labor Code
Labor Code section 4603.2
The WCJ incorrectly applied section 4603.2 to interpreting services not related to medical treatment.
From the decision · page 3The WCJ's finding that the interpreting services are subject to section 4603.2 is incorrect.
Section 4603.2 applies to services provided "pursuant to Section 4600, including, but not limited
to,... interpreters,..." (Lab. Code, § 4603.2(b)(1)(A).) Section 4600 deals with medical treatment
Labor Code
Labor Code section 4620
Interpreting services for deposition preparation and review are medical-legal expenses under section 4620.
From the decision · page 3Section 4620(a) defines as a medical-legal expense, a relevant herein, "interpreter's fees
by a certified interpreter pursuant to Article 8 (commencing with Section 11435.05) of Chapter
4.5 of Part 1 of Division 3 of Title 2 of, or Section 68566 of, the Government Code, for the purpose
of proving or disproving a contested claim." (Lab. Code, § 4620(a).)
California Code of Regulations
Cal. Code Regs., tit. 8, 9795.3
The interpreter fee schedule applies to deposition preparation and review interpreting services.
From the decision · page 3AD Rule 9795.3(a)(4) allows for a certified interpreter at a "deposition of an injured
employee or any person claiming benefits as a dependent or an injured employee," including
"[p]reparation of the deponent immediately prior to the deposition" and "[r]eading of a deposition
to a deponent prior to signing." (Cal. Code Regs., tit. 8, § 9795.3(a)(4)(i)&(ii).) AD Rule 9795.3(b)
provides the fee schedule for interpreting services identified in subsection (a).