interpreter (California)

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interpreter (California)

Postby feelin'it on Mon Nov 20, 2017 3:27 pm

if an applicant does not advise def. he needs an interpreter but brings his own (presumably at his cost if there is any) to the med-legal exam is that a valid interpreter for the exam? and 2) what if his own interpreter fails to appear and AME cancels exam because there is no interpreter, which party has to pay for the AME cancellation?
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Re: interpreter (California)

Postby LawAdvocate on Mon Nov 20, 2017 4:46 pm

If an applicant does not advise def. he needs an interpreter but brings his own (presumably at his cost if there is any) to the med-legal exam is that a valid interpreter for the exam?


Maybe -- are they certified by the state? is it an exotic language? Defendant liable for cost if it is a valid interpreter, no matter who hires. We have an interpreter fee schedule exactly for this reason, the fees are what they are.

So who is qualified to appear?
CCR §9795.1.5. Interpreters for Hearings, Depositions or Arbitrations.
(a) To qualify to be paid for interpreter services at a hearing, deposition or arbitration, the interpreter shall be

(1) certified, which means listed on the State Personnel Board webpage at http://jobs.spb.ca.gov/InterpreterListing/ or the California Courts webpage at http://courts.ca.gov/programs-interpreters.htm; or

(2) provisionally certified, which means deemed qualified to perform interpreter services when a certified interpreter cannot be present, either:

(A) by agreement of the parties, or

(B) based on a finding by the workers' compensation administrative law judge conducting a hearing that the interpreter is qualified to interpret at the hearing, or by the arbitrator conducting the arbitration that the interpreter is qualified to interpret at the arbitration. The finding of the judge or arbitrator and the basis for the finding shall be set forth in the record of proceedings.

Note: Authority cited: Sections 133, 5307.3, 5710 and 5811, Labor Code. Reference: Sections 4600, 4620, 4621, 5710 and 5811, Labor Code; and Sections 11435.30, 11435.35, 11435.55, 11513 and 68562, Government Code.

HISTORY

1. New section filed 8-13-2013; operative 8-13-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 33).


What if his own interpreter fails to appear and AME cancels exam because there is no interpreter, which party has to pay for the AME cancellation?


Who scheduled the AME eval? Because they should have asked that question in the first place. Does the injured worker require an interpreter is always the first question prior to scheduling a med-legal evaluation. Failure to perform due diligence when scheduling an AME eval and the missed appointment is then on whoever scheduled the eval.
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Re: interpreter (California)

Postby feelin'it on Mon Nov 20, 2017 5:49 pm

def. set the exam and gave the standard notice to advise def. if an interpreter is required. applicant did not advise, but apparently intended to hire his own and then his interpreter failed to appear and the AME canceled the exam. Now the AME refuses to reschedule until someone pays the cancellation.
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Re: interpreter (California)

Postby 50Cal20 on Mon Nov 20, 2017 6:24 pm

Do you blame the AME for wanting to be paid before rescheduling another appointment? I don't. This is a dispute between the applicant and defendant and the doctor is suffering the consequences. The AME deserves to be paid and then the applicant and defendant can later resolve the dispute between themselves. Usually the defendant pays the bill and then petitions for a credit which may or may not be granted. Often the parties can agree to split the difference at the time of settlement with half credit allowed.

Just a word of advice: Don't get the AME mad at you for not paying his bill. If you upset the doctor he can easily get even with you on the next report issued in one of your cases.
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Re: interpreter (California)

Postby feelin'it on Mon Nov 20, 2017 7:00 pm

I never said I blamed the AME for anything. my first question was whether the applicant can produce his own interpreter and it sounds like yes (so long as it is certified), which also would mean if he does not produce his own at the exam he needed to specifically advise the defendant for each and every exam pursuant to the standard notice of AME and rights for interpreter. If he does not advise def. and fails to have his own interpreter at exam it sounds like it would be his fault. As for payment, i don't think there is any practical choice except for def. to pay the fee up front and assert that payment against the AA attorney fee in the future if the case ever gets set for trial (which is not likely to ever get that far, but it sounds like that would be the procedure, unless someone has another idea).
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Re: interpreter (California) (California)

Postby steve appell on Mon Nov 20, 2017 8:56 pm

Why does the AME know the applicant needs an interpreter, but the defendant does not?
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Re: interpreter (California)

Postby feelin'it on Tue Nov 21, 2017 7:57 am

The AME knows the need for an interpreter because one speaks English the other speaks french. defendant does not know the need because applicant failed to advise def. to hire one for the exam, which is applicant's duty as we just explained. an applicant can retain the interpreter herself for any given exam, so what def may believe or not believe is irrelevant if the applicant fails to advise def for each and every exam.
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Re: interpreter (California)

Postby 50Cal20 on Tue Nov 21, 2017 8:31 am

Sounds like you are dealing with an applicant who doesn't realize the consequences of not advising others of the situation at hand. Reminds me of an applicant who moves to a new residences but doesn't advise anyone (including the post office), only to later complain when his disability check does not arrive in the mail at his new home. Can't even begin to tell you how many times I have seen that scenario over the years. Here in your situation the applicant does not advise anyone that he speaks a different language. Some people just never learn.
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Re: interpreter (California)

Postby LawAdvocate on Tue Nov 21, 2017 9:18 am

" an applicant can retain the interpreter herself for any given exam, so what def may believe or not believe is irrelevant if the applicant fails to advise def for each and every exam."


Bologna...this is pure bologna. Once you are on notice the Applicant needs an interpreter, you are on notice to provide an interpreter for EVERY medical-legal event.

The Applicant needs advise only once. Then, like the rest of the defense community your write French on the front of the file and in your computer notes, so the staff knows to schedule an interpreter. Maybe they have a friend who can interpret at regular physician visits, but for medical-legal evals, depositions and WCAB appearances, you are dead wrong.

This is the most ridiculous position I have ever seen. Applicant's offices gets dozens of appointment letters each week. I bet you didn't provide the notice of the AME in French so the Applicant could request an interpreter. Once an Applicant's office has had one event requiring an interpreter, we know you are on notice.

You owe the AME missed appointment charge if you had advanced knowledge of the language issue and failed to provide an interpreter.
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Re: interpreter (California)

Postby feelin'it on Tue Nov 21, 2017 11:36 am

i don't think so law advocate. here there was no confusion about who would hire the interpreter. The AA intended to hire his own and therefore intentionally did not advise the def to hire one, which according to earlier posts the AA is perfectly entitled to do. Therefore if the AA botches the interpreter, sounds like that one's on him. But many are programed to always blame a def one way or another. - noted. Now if the AA says in the beginning for the def to ALWAYS hire the interpreter that's a different hypothetical.
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