Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5705; Labor Code section 3202.5; Guitron v. Santa Fe Extruders, 76 Cal. Comp. Cases 228, 34 (WCAB en banc)
The burden of proof rests on the party holding the affirmative on the issue, requiring a preponderance of the evidence to recover charges for interpreter services.
Cost petitioner has the burden of proof to establish the reasonableness of fees charged for interpreter services.
From the decision · page 4The burden of proof rests on the party holding the affirmative on the issue. (Labor Code
section 5705.) The evidentiary burden of proof must be backed by a preponderance of the evidence.
(Labor Code section 3202.5.) To recover charges for interpreter services, the interpreter has the
burden of proving, among other things, that the fees charged were reasonable. (Guitron v. Santa
Fe Extruders, 76 Cal. Comp. Cases 228, 34 (WCAB en banc)) As cost petitioner is seeking to
recover on her petition, she has the burden of proof in this matter.
Title 8, California Code of Regulations Section 9795.1(e)
The term 'market rate' means the amount an interpreter has actually been paid for recent interpreter services.
Market rate is determined by the amount interpreter has been paid for recent services.
From the decision · page 4The term "market rate" means the amount an interpreter has actually been paid for recent
interpreter services. (Title 8, California Code of Regulations Section 9795.1(e).)
Kunz v. Patterson Floor Coverings, Inc. (2002) 67 Cal. Comp. Cases 1588, 1598 (Appeals Board en banc)
To determine reasonableness of interpreter's fees, factors include usual fee accepted by provider and others in the same area, economics of practice, and unusual circumstances.
These factors apply to interpreters to prove reasonableness of fees charged.
Title 8, California Code of Regulations section 9795.4
Claims examiner must pay or contest liability within 60 days of invoice receipt for interpreter services.
Defendant timely paid undisputed portion and contested remaining balance, so no basis for costs or fees.
From the decision · page 5Title 8, California Code of Regulations section 9795.4 requires that within 60 days of the
receipt of an invoice for interpreter's services, the claims examiner shall be either pay the invoice
or contest liability and pay any uncontested amount. The unrebutted testimony from defendant's
witness was that cost petitioner's invoice was received on August 28, 2019 and objected to on
September 4, 2019, accompanied by payment of the undisputed amount. (Summary of Evidence
from November 9, 2022 trial, page 5, lines 41:42; Defendant's Exhibit A.[.]) As defendant timely
paid the undisputed portion of the invoice and contested the remaining balance, there was no basis
to award costs and attorney fee.