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Chapter 4.5. Division of Workers' Compensation
Subchapter 1. Administrative Director--Administrative Rules
Article 5.7 Fees for Interpreter Services

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§9795.1. Definitions.

As used in this article:

(a) “Claims Administrator” means the person or entity responsible for the payment of compensation for any of the following: a self-administered insurer providing security for the payment of compensation required by Divisions 4 and 4.5 of the Labor Code, a self-administered self-insured employer, the director of the Department of Industrial Relations as administrator for the Uninsured Employers Benefits Trust Fund (UEBTF) or for the Subsequent Injuries Benefits Trust Fund (SIBTF), a third-party claims administrator for a self-insured employer, insurer, legally uninsured employer, joint powers authority, the Self-Insurers' Security Fund, or the California Insurance Guarantee Association (CIGA).


(b) “Full day” means services performed which exceed one-half day, up to 8 hours.

(c) “One-half day” means:

(1) When appearing at any Workers' Compensation Appeals Board hearing or daytime arbitration, all or any part of a morning or afternoon session.

(2) When appearing at a deposition, all or any part of 3.5 hours.

(3) When appearing at an evening arbitration, all or any part of 3 hours.

(d) “Travel time” means the time an interpreter actually travels to and from the place where service is to be rendered and his or her place of business.

(e) “Market rate” means that amount an interpreter has actually been paid for recent interpreter services provided in connection with the preparation and resolution of an employee's claim.

Note: Authority cited: Sections 133, 5307.3, 5710 and 5811, Labor Code. Reference: Sections 4600, 4620, 4621, 5710 and 5811, Labor Code; and Sections 11435.30, 11435.35 and 68562, Government Code.

HISTORY

1. New article 5.7 (sections 9795.1-9795.4) and section filed 1-28-94; operative 1-28-94. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 94, No. 4).

2. Repealer of subsection (g), subsection relettering, and new Note filed 12-30-96; operative 12-30-96 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 97, No. 1).

3. Amendment of section and Note filed 12-27-2012 as an emergency; operative 1-1-2013 pursuant to Government Code section 11340.9(d) (Register 2012, No. 52). A Certificate of Compliance must be transmitted to OAL by 7-1-2013 or emergency language will be repealed by operation of law on the following day.

4. Amendment of section and Note refiled 7-1-2013 as an emergency; operative 7-1-2013 (Register 2013, No. 27). A Certificate of Compliance must be transmitted to OAL by 9-30-2013 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 7-1-2013 order, including further amendment of section and Note, transmitted to OAL 7-1-2013 and filed 8-13-2013; amendments operative 8-13-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 33).
(a) “Claims Administrator” means the person or entity responsible for the payment of compensation for any of the following: a self-administered insurer providing security for the payment of compensation required by Divisions 4 and 4.5 of the Labor Code, a self-administered self-insured employer, the director of the Department of Industrial Relations as administrator for the Uninsured Employers Benefits Trust Fund (UEBTF) or for the Subsequent Injuries Benefits Trust Fund (SIBTF), a third-party claims administrator for a self-insured employer, insurer, legally uninsured employer, joint powers authority, the Self-Insurers' Security Fund, or the California Insurance Guarantee Association (CIGA).

(b) “Full day” means services performed which exceed one-half day, up to 8 hours.

(c) “One-half day” means:

(1) When appearing at any Workers' Compensation Appeals Board hearing or daytime arbitration, all or any part of a morning or afternoon session.

(2) When appearing at a deposition, all or any part of 3.5 hours.

(3) When appearing at an evening arbitration, all or any part of 3 hours.

(d) “Travel time” means the time an interpreter actually travels to and from the place where service is to be rendered and his or her place of business.

(e) “Market rate” means that amount an interpreter has actually been paid for recent interpreter services provided in connection with the preparation and resolution of an employee's claim.

Note: Authority cited: Sections 133, 5307.3, 5710 and 5811, Labor Code. Reference: Sections 4600, 4620, 4621, 5710 and 5811, Labor Code; and Sections 11435.30, 11435.35 and 68562, Government Code.

HISTORY

1. New article 5.7 (sections 9795.1-9795.4) and section filed 1-28-94; operative 1-28-94. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 94, No. 4).

2. Repealer of subsection (g), subsection relettering, and new Note filed 12-30-96; operative 12-30-96 pursuant to Government Code section 11343.4(d). Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 97, No. 1).

3. Amendment of section and Note filed 12-27-2012 as an emergency; operative 1-1-2013 pursuant to Government Code section 11340.9(d) (Register 2012, No. 52). A Certificate of Compliance must be transmitted to OAL by 7-1-2013 or emergency language will be repealed by operation of law on the following day.

4. Amendment of section and Note refiled 7-1-2013 as an emergency; operative 7-1-2013 (Register 2013, No. 27). A Certificate of Compliance must be transmitted to OAL by 9-30-2013 or emergency language will be repealed by operation of law on the following day.

5. Certificate of Compliance as to 7-1-2013 order, including further amendment of section and Note, transmitted to OAL 7-1-2013 and filed 8-13-2013; amendments operative 8-13-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 33).

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