The 3rd District Court of Appeal issued a ruling in Meadowbrook Ins. Co. v. WCAB [link below] that an interpreter bill for med-legal services will be barred if the provider does not seek a second review following denial by the defendant’s EOR under the IBR/non-IBR process located in LC4603.2(e). Furthermore, the court lacked jurisdiction to hear the dispute if the process was not followed. In the instant matter, the interpreting provider failed to timely appeal the EOR issued by the defendant insurance company and therefore the court lacked jurisdiction to hear the dispute.
What Does This Mean? Best practices dictate that fully complaint EORs be timely issued for denial of med-legal services per CCR10451.2(c)(1)(D). If this is done properly and the med-legal provider does not issue an appeal within 90 days, then the bill is deemed satisfied and the court does not have jurisdiction to hear the dispute.
Read the 3rd District Court of Appeal decision here: https://www.courts.ca.gov/opinions/documents/C088882.PDF