The Interpreter Fee Schedule: A 60-Second Seminar in Workers’ Compensation Claims Handling

The other day we were thinking how nice it would be if workers’ compensation adopted a new fee schedule to reduce the number of interpreter liens currently being filed.  The sheer number of interpreter liens being filed at the appeals board is truly staggering.  We are not talking about hundreds or thousands of liens.  We are talking tens of thousands.  In today’s blog we will discuss why the workers’ compensation system is in need of a new interpreter fee schedule to reduce the constant filing of interpreter liens.

Surprisingly, we already have an interpreter fee schedule.  It is listed in the regulations and can be found at 8 CCR 9795.3.  However, this schedule is almost 28-years-old, having been implemented on 12/30/1996.  It states:

1. For an appeals board hearing, arbitration or deposition interpreter fees shall be billed and paid at the greater of the following (i) at the rate for one-half day or one full day as set forth in the Superior Court fee schedule for interpreters in the county where the service was provided, or (ii) at the market rate (the interpreter is to provide proof of the market rate).
2. For all other events listed under subdivision (a), interpreter fees shall be billed and paid at the rate of $11.25 per quarter hour or portion thereof, with a minimum payment of two hours, or the market rate, whichever is greater.

This 28-years-old fee schedule has never been updated, although twice in the past 9 years the DWC did try revising it.  The first attempt occurred on 4/27/2015 when the DWC published a draft fee schedule for the purpose of soliciting public opinion.  The comments received were nothing less than hostile, to a point where the DWC withdrew the draft in its entirety.  It was not until three years later on 4/2/2018 when a second draft was published for public comment.  As before, the reaction was overwhelmingly negative.  As a result, the DWC withdrew the draft, never bothering to develop an interpreter fee schedule again.  That leaves us with the old 1996 schedule.  As anticipated, a lien would be filed whenever an interpreter was paid using 1996 rates.

A few years ago, additional increased demands were placed on interpreters to enhance their qualifications without additional compensation considered.  These additional demands required interpreters to be either certified or provisionally certified before their services were compensable.  Specifically, LC §4600(g) was added to the code stating, “(An) employer shall not be required to pay for the services of an interpreter who is not certified or is provisionally certified by the person conducting the medical treatment or examination, unless … the employer consents in advance…”

Unless a new interpreter fee schedule acceptable to the work comp community is introduced, we are afraid that interpreter liens will continue to be filed.  Paying interpreters at 1996 rates cannot possibly be acceptable in 2024.  Yet that is exactly what is happening, with disputes ending up as lien claims at the board.  We at F&B do commend the DWC for twice trying to adopt a new fee schedule, only for both attempts to be shot down by public comment.  To reduce the volume of liens being filed it may come to a point where the DWC may be forced to implement a new fee schedule despite public discontent.  We wish the DWC the best of luck in this endeavor, as something must be done to reduce the number of interpreter liens being filed at the board.