ZENITH INSURANCE COMPANY IN A NEW ASSAULT ON INJURED WORKERS’ RIGHTS

Los Angeles, CA March 7, 2005– Gilbert Calhoun, California Workers’ Compensation Interpreters Association President is vehemently opposed to the fact that Zenith Insurance Company, who acknowledged and provided medical treatment for extensive industrial injuries suffered by Korean inured worker Michelle Chang, is petitioning the Workers Compensation Appeals Board for reimbursement of $3,000 it says it paid “erroneously” to a Los Angeles Interpreting firm, contending that interpreting services for the purpose of treating an injured worker is not reimbursable. California Labor Code and case law clearly state that interpreting services are required under Labor Code 4600, which indicates that when an employee submits to examination by a physician and the employee does not proficiently speak or understand the English language, he or she shall be entitled to the services of a qualified interpreter.

Mr. Calhoun states, “while interpreters maintain a professionally neutral role between the medical provider and injured workers who do not proficiently speak or understand the English language and their employers, we must speak out against this new Zenith position that would permit employers, through their insurers, to escape responsibility for a necessary service universally acknowledged among employers, their insurers, case law, and legislative intent.”
“Just the threat of having to refund fees for interpreters services rendered in good faith for injured workers whose claims have already been acknowledged as justified by insurers will further impact the non-English speaking injured worker’s rights to reasonable medical treatment. The alternative is to depend upon a doctor’s staff of untested qualifications or interpreters willing to provide the service on a pro-bono basis,” he continued. “Few of our interpreter members could long continue to operate in such an economic environment.”

“Alcalá” (Chris A. Alcalá, of Alcalá and Associates, who is leading the fight against Zenith on this issue) “got it right”, says Calhoun. When interviewed for comment, Alcalá stated, “What Zenith has asserted is that each and every Injured Worker who fails to possess sufficient command of the English language should in fact be barred from communicating with their physician. Zenith’s legal posturing would amount to nothing other than pure chaos. In order to free our Judges to adjudicate real issues and to place this issue to rest it is incumbent on our Legislators to clearly define their intent. This is why I have requested Senator Alarcon to address this matter.”

The consequences of failing to provide qualified interpreters to injured workers is not only costly to all parties in the long run, but can be deadly.

Let us offer the following example of the life-threatening circumstances that can and unfortunately have ensued as a result of not having requested an interpreter for an injured worker during a routine medical appointment: ANA 0329725, Heber Granadino vs. WGI Solutions dba Staff Control. Mr. Granadino, a Spanish-speaking worker, suffered injuries deemed work-related and his employer provided medical services. On 1/10/00, Mr. Granadino went to an MRI appointment and signed the necessary forms - without the assistance of a qualified professional Spanish-language interpreter. A short while later, the MRI technician found Mr. Granadino dead on the MRI table.

Nobody knew Mr. Granadino had a pacemaker. Mr. Granadino did not know what he was signing. He could not speak nor read the English language. His tragic, unnecessary death is a direct result of failure by the employer’s insurer to provide an interpreter for this employee. Every single encounter of the injured worker with the physician rests on the underlying assumption that patient and doctor can effectively communicate.

We urge you to contact your local and state Legislators and make them aware of this potentially devastating stance taken by Zenith, which will gravely undermine the rights of the non-English speaking injured worker. The founding authors’ intent of the WORKMANS’ COMPENSATION ACT OF 1917 was to provide benefits to injured workers regardless of their physical impediment, the color of their skin, or languages uttered.

About CWCIA

CWCIA was founded by members of the California interpreting community to be a voice for the interpreting professionals who provide this essential service in the Workers’ Compensation process. One of our goals is to uphold high standards of professionalism and ethics within the interpreting community.

Contact:
Gilbert Calhoun, President
www.cwcia.com

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