Language Access for Injured Workers

Attorneys who represent non-English speaking clients in their fight for worker’s compensation benefits are facing some very serious consequences in their cases based on a new trend identified by Language Access for Injured Workers (LAIW). LAIW has raised concerns about insurance carriers sending interpreters who are not Court, Administrative Hearing, or California Medical certified, or certified by the Certification Commission for Healthcare Interpreters (CCHI), or National Board Certified (CMI) interpreters (these non-certified interpreters are otherwise known as HUB-CMI interpreters) to assist non-English speakers at their medical-legal evaluations and other critical events during the pendency of their worker’s compensation case. The problem is HUB-CMI interpreters hold only a preliminary credential, passing only a baseline competency exam in English but are required to become fully certified within two years by passing oral and interpreting exams in specific languages. In contrast, Certified Medical Interpreters (CMIs) have met stringent certification requirements, including both written and oral exams in languages for which certification exams are offered: Spanish, Russian, Korean, Cantonese, Mandarin, and Vietnamese. According to California regulations, only fully certified interpreters should be used in medical and legal settings; HUB-CMI interpreters do not meet legal standards.

A recent incident highlighted by LAIW involved Carrie Catena, a fully certified National Board Certified Spanish Medical Interpreter, who encountered a HUB-CMI interpreter misrepresenting her credentials at a California Medical Evaluators office in Van Nuys. Fortunately, Ms. Catena intervened to clarify the HUB-CMI’s preliminary status and ultimately provided the necessary interpretation services for the injured worker and the Qualified Medical Evaluator (QME) doctor. Similar incidents have been reported in other locations, such as Simi Valley and Los Angeles, indicating a broader issue of non-qualified interpreters encroaching into medical-legal evaluations.

LAIW has brought this issue to the attention of various bodies, including the National Board of Certified Medical Interpreters who issue the HUB-CMI credential, the California Applicant’s Attorneys Association, the California Society of Industrial Medicine & Surgery, and the Administrative Director of the Division of Workers’ Compensation (DWC). CAAA wants our members to understand there is a vital difference between HUB-CMIs and fully certified interpreters. By carefully checking the credentials of interpreters, attorneys can ensure the protection of injured workers’ rights and maintain the integrity of the medical-legal evaluation process. Additionally, taking a stand against the use of non-qualified interpreters is crucial in preserving language access and defending against broader attacks on immigrant communities, ensuring their civil rights and equal access to justice.