BILL ANALYSIS Ó
AB 2230
Page 1
ASSEMBLY THIRD READING
AB
2230 (Chu)
As Amended May 9, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Insurance |13-0 |Daly, Melendez, | |
| | |Travis Allen, | |
| | |Bigelow, Calderon, | |
| | |Chu, Cooley, Cooper, | |
| | |Dababneh, Dahle, | |
| | |Frazier, Gatto, | |
| | |Rodriguez | |
| | | | |
| | | | |
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SUMMARY: Provides that interpreters who work in the workers'
compensation system cannot be required to disclose privileged
attorney-client communications for which they provided
translation services. Specifically, this bill:
1)Provides that an interpreter working in the workers'
compensation system shall not, regardless of the location or
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other circumstances of the communication, disclose any
privileged attorney-client communications for which the
interpreter provided services.
2)Establishes that any party in the workers' compensation system
who attempts to obtain an improper disclosure of a privileged
communication is guilty of a bad faith tactic, and therefore
subject to sanctions.
EXISTING LAW:
1)Provides for a comprehensive system of employer-paid benefits
for employees who suffer injuries or conditions that arise out
of or occur in the course of employment.
2)Establishes procedures for obtaining medical care and a system
for resolving disputes that includes pre-trial depositions,
employer-requested medical evaluations, and administrative
adjudication of disputed issues before workers' compensation
judges.
3)Entitles an injured employee who is not proficient in the
English language to an interpreter paid for by the employer.
4)Requires interpreters to be certified.
5)Requires the Administrative Director of the Division of
Workers' Compensation to establish a fee schedule for
interpreting services.
6)Allows an employer or insurer to contract for services,
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including interpreting services, at compensation below the fee
schedule.
7)Prohibits an interpreter from disclosing to any person who was
not an immediate participant in the communication anything
about what was interpreted.
FISCAL EFFECT: Undetermined impact on state workers'
compensation costs.
COMMENTS:
1)Purpose. According to the author, the current system allowing
employers to select interpreters for injured workers is highly
problematic for both the injured worker and their legal
representatives. Injured workers should be able to enjoy the
services of interpreters whose sole duty is to them. A major
concern of lawyers who represent injured workers is that an
interpreter employed by the employer might disclose
confidential client information or communications to the
employer.
2)Attorney-client communications. One area of particular
concern addressed by proponents is that employer provided and
paid interpreters might be susceptible to pressure from the
employer to disclose communications that would be covered by
the attorney-client privilege. As noted above, there is a
general prohibition in statute against an interpreter
disclosing to anyone not a part of a conversation the contents
of that conversation. One potential way to address the
concern that interpreters might be pressured to make these
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disclosures would be to expressly add a protection in statute
concerning attorney-client communications that would provide
interpreters a specific response if that pressure should
arise.
Analysis Prepared by:
Mark Rakich / INS. / (916) 319-2086 FN: 0002942