BILL NUMBER: SB 1379 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 31, 2016
AMENDED IN SENATE MARCH 29, 2016
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' Compensation:
compensation: depositions: interpreters.
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.
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.
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.
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.
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 or registered court
interpreter, court interpreter or certified
administrative hearing interpreter, as listed on his or her
court interpreter certification or registration.
or administrative hearing interpreter certification.
(2) His or her current certification or registration
number.
(3) A statement that the certified or registered
court interpreter's or certified administrative
hearing interpreter's identification has been
verified, 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
, an administrative hearing interpreter badge issued by the
Department of Human Resources, or other documentation that
verifies the interpreter's certification or registration
accompanied by photo identification.
(4) The language to be interpreted.
(5) A If the interpreter is a
certified court interpreter, 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.