California Senate Bill SB1379 Amended / Bill

 BILL NUMBER: SB 1379AMENDED 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.