Authorities as the decision cited them, with how this panel applied each one.
Labor Code 5811(b)(2)
Interpreter fees that are reasonably, actually, and necessarily incurred shall be paid by the employer.
Applied to support awarding interpreter fees at market rate.
From the decision · page 1With respect to WCJ's decision to award Cost Petitioner an interpreter fee at the market
rate, pursuant to Labor Code § 5811(b)(2): "Interpreter fees that are reasonably, actually, and
necessarily incurred shall be paid by the employer... and [a], qualified interpreter may render
services during... [a]n appeals board hearing... [and d]uring those settings which the
administrative director determines are reasonably necessary to ascertain the validity or extent of
Cal. Code Regs., tit. 8, 9795.3(b)(1)
Presumed reasonable reimbursement amount for interpreting services at appeals board hearings is the greater of the Superior Court fee schedule rate or the market rate.
Applied to confirm the reasonableness of the market rate fee awarded.
From the decision · page 2injury to an employee who does not proficiently speak or understand the English language."
Pursuant to Cal. Code Regs., tit. 8, § 9795.3(b)(1), the presumed reasonable reimbursement
WCAB Rule 10545(h)
WCAB Rule 10545(h) permits awarding reasonable attorney's fees and costs pursuant to Labor Code section 5813 and WCAB Rule 10421.
Discussed in relation to the rescinded award of costs and sanctions.
WCAB Rule 10421(a)
Sanctions shall not be imposed where the one subject to the sanction acted with reasonable justification.
Applied to rescind sanctions award due to lack of bad faith finding and procedural due process.
From the decision · page 2WCAB rule 10421(a) provides that sanctions shall not be imposed "where the one subject
to the sanction acted with reasonable justification." (Cal. Code Regs., tit. 8, § 10421(a).) The WCJ
did not find that defendant engaged in a bad faith action or actions as defined by Section 5813.
Defendant is entitled to notice and opportunity to be heard prior to a sanction issuing. Therefore,
upon return of this matter to the trial level, the WCJ should identify which actions were potentially
in bad faith and provide defendant with an opportunity to respond.