Amended in Senate March 29, 2016

Senate Bill No. 1379

Introduced by Senator Mendoza

February 19, 2016

An act to amend Section begin delete 153 end delete begin insert 5710 end insert of the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

SB 1379, as amended, Mendoza. begin delete Labor statistics and research. end delete begin insert Workers’ Compensation: depositions: interpreters. end insert

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Existing law requires the State Personnel Board to, and authorizes the Director of the Division of Workers’ Compensation (administrative director) or an independent organization designated by the administrative director to, establish, maintain, administer, and publish annually an updated list of certified administrative hearing interpreters who, based on testing by an independent organization designated by the administrative director, have been determined to meet certain minimum standards, for purposes of certain workers’ compensation proceedings and medical examinations. Existing law authorizes depositions to be taken in conjunction with any investigation or hearing before the Workers’ Compensation Appeals Board.

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This bill would require that specified information regarding the certification of an interpreter, for a deposition under these provisions, be stated on the record and verified by the board or judge ordering the deposition, or by the party giving the deposition testimony, or his or her representative.

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Under existing law, the Department of Industrial Relations collects, compiles, and presents facts and statistics relating to the condition of labor in the state. Existing law provides that, except as specified, no use shall be made in the department’s reports of the names of persons supplying information, and makes any agent or employee of the department who violates this provision guilty of a misdemeanor.

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This bill would also prohibit the use of the identities of persons supplying information to the department.

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Because the bill would expand the definition of a crime, it would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete yes end delete begin insert no end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 5710 of the end insert begin insert Labor Code end insert begin insert is amended to
read: end insert

5710.  

(a) The appeals board, a workers’ compensation judge,
or any party to the action or proceeding, may, in any investigation
or hearing before the appeals board, cause the deposition of
witnesses residing within or without the state to be taken in the
manner prescribed by law for like depositions in civil actions in
the superior courts of this state under Title 4 (commencing with
Section 2016.010) of Part 4 of the Code of Civil Procedure. To
that end the attendance of witnesses and the production of records
may be required. Depositions may be taken outside the state before
any officer authorized to administer oaths. The appeals board or
a workers’ compensation judge in any proceeding before the
appeals board may cause evidence to be taken in other jurisdictions
before the agency authorized to hear workers’ compensation
matters in those other jurisdictions.

(b) If the employer or insurance carrier requests a deposition to
be taken of an injured employee, or any person claiming benefits
as a dependent of an injured employee, the deponent is entitled to
receive in addition to all other benefits:

(1) All reasonable expenses of transportation, meals, and lodging
incident to the deposition.

(2) Reimbursement for any loss of wages incurred during
attendance at the deposition.

(3) One copy of the transcript of the deposition, without cost.

(4) A reasonable allowance for attorney’s fees for the deponent,
if represented by an attorney licensed by the State Bar of this state.
The fee shall be discretionary with, and, if allowed, shall be set
by, the appeals board, but shall be paid by the employer or his or
her insurer.

(5) If interpretation services are required because the injured
employee or deponent does not proficiently speak or understand
the English language, upon a request from either, the employer
shall pay for the services of a language interpreter certified or
deemed certified pursuant to Article 8 (commencing with Section
11435.05) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of, or
Section 68566 of, the Government Code. The fee to be paid by the
employer shall be in accordance with the fee schedule adopted by
the administrative director and shall include any other
deposition-related events as permitted by the administrative
director.

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(c) If interpretation services are required pursuant to subdivision
(a) or (b), the following shall be stated on the record:

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(1) The name of the certified or registered court interpreter, as
listed on his or her court interpreter certification or registration.

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(2) His or her current certification or registration number.

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(3) A statement that the certified or registered court interpreter’s
identification has been verified, by the board or judge ordering
the deposition, or by the party giving testimony, or his or her
representative, using a certified or registered interpreter
identification badge issued by the Judicial Council or other
documentation that verifies the interpreter’s certification or
registration accompanied by photo identification.

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(4) The language to be interpreted.

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(5) A statement that the interpreter’s oath was administered to
the certified or registered court interpreter or that he or she has
an oath on file with the court.

end insert

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SECTION 1.  

Section 153 of the Labor Code is amended to
read:

153.  

Except as provided in Section 151 no use shall be made
in the statistical or other reports prepared pursuant to this chapter
of the names or identities of persons supplying the information
required under this code. Any agent or employee of the department
who violates this section is guilty of a misdemeanor.

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SEC. 2.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

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