Amended in Senate May 31, 2016

Amended in Senate March 29, 2016

Senate Bill No. 1379

Introduced by Senator Mendoza

February 19, 2016

An act to amend Section 5710 of the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

SB 1379, as amended, Mendoza. Workers’ begin delete Compensation: end delete begin insert compensation: end insert depositions: interpreters.

begin delete

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.

end delete begin delete

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.

end delete begin insert

Existing law requires the State Personnel Board to establish, maintain, administer, and publish annually an updated list of certified administrative hearing interpreters it has determined meet the minimum standards in interpreting skills and linguistic abilities in designated languages. Under existing law, certified court interpreters, among others, are deemed certified for the purposes of administrative hearings. Existing law additionally authorizes the Administrative Director of the Division of Workers’ Compensation (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 the minimum standards in interpreting skills and linguistic abilities in designated languages, for purposes of administrative hearings conducted pursuant to proceedings of the Workers’ Compensation Appeals Board (appeals board). Existing law authorizes depositions to be taken in conjunction with any investigation or hearing before the appeals board.

end insert begin insert

This bill would require that, for those depositions requiring an interpreter, specified information regarding the interpreter and his or her certification be stated on the record and that there be a statement on the record that the certified interpreter’s identification has been verified by the appeals board or judge ordering the deposition, or by the party giving the deposition testimony, or his or her representative, as specified.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 5710 of the Labor Code is amended to
read:

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.

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

(1) The name of the certified begin delete or registered court interpreter, end delete
begin insert court interpreter or certified end insert begin insert administrative hearing interpreter, end insert
as listed on his or her court begin delete interpreter certification or registration. end delete

begin insert or administrative hearing interpreter certification. end insert

(2) His or her current certification begin delete or registration end delete number.

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

(4) The language to be interpreted.

(5)  begin delete A end delete begin insert If the interpreter is a certified court interpreter, a end insert
statement that the interpreter’s oath was administered to the
certified begin delete or registered end delete court interpreter or that he or she has an oath
on file with the court.