Santa Monica Workers’ Compensation Appeals Judge Denies Korean Immigrant the Right to an Interpreter

Santa Monica- L.A. Language (agency) Hearing Representative, Chris R. Alcalá claimed that a Santa Monica Workers’ Compensation Appeals Board judge’s Opinion on Decision stated that claimant Michelle Chang, who speaks only Korean, should have chosen a doctor who speaks Korean or has Korean speaking staff, or arranged to bring a friend or family member to her doctor’s appointments to interpret for her.

The judge held that the workers’ compensation laws do not compel the employer to pay for any and all expenses incurred in the course of treating an industrial injury, particularly when less costly and more reasonable alternatives are available. Consequently, he stated that allowing the injured worker to select a doctor with whom she cannot communicate and then give her unlimited access to an interpreter at the employer’s expense may provide an incentive for later abuse of the workers’ compensation process.

According to Alcalá, L.A. Language still has a number of options under law to seek redress from this judge’s unique and troubling decision, including filing a Petition for Reconsideration, and if necessary after that, filing a Petition for Writ of Review.

CWCIA President, Gilbert Calhoun said that the ultimate outcome of this issue will affect the rights of all immigrant and foreign-born workers in California. This judge’s decision is anti-worker, anti-immigrant, and anti-American; but it certainly is not anti-insurance company. It should be reversed on legal, ethical, and anti-discrimination grounds.

CWCIA is a professional association of interpreters dedicated to providing service to injured workers who do not proficiently speak or understand the English language, said Calhoun. We take no sides in political issues but limit our efforts to calling attention to intrusions upon existing regulation and statute. This decision falls well short of the judicial standards to be expected from the WCAB, and has become a matter of deep concern to our members.

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More – The full text of Judge Gilbert’s Katen’s FINDINGS AND ORDER and OPINION ON DECISION: MICHELLE CHANG v MANNA CAKE & BAKERY; ZENITH INSURANCE CO., WCAB Case. MON 0285998 can be viewed on our web site, www.CWCIA.com.

For media and non-media inquiries, please telephone Gilbert Calhoun, President-CWCIA, at 818 784-7521; or Chris R. Alcalá, Hearing Representative at 213 924-2659.