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Kustura v. Department of Labor & Industries

Wash.June 17, 2010No. Nos. 81478-3; 81480-5; 81481-3; 81758-8; 81759-6Cited 40 times
Defendant WinWashington State Department of Labor and Industries
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Case Details

Judge(s)
Alexander, Brintnall, Chambers, Fairhurst, Johnson, Madsen, Owens, Quinn, Sanders
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Outcome

Washington Supreme Court held that nonindigent LEP workers' compensation claimants have no statutory right to government-paid interpreter services for all interactions with the Department of Labor and Industries and Board of Industrial Insurance Appeals because the workers, not the government, initiated the proceedings. The Court affirmed the Court of Appeals decisions denying the expansive interpreter services claim.

What This Ruling Means

**What Happened** A worker with limited English skills filed a workers' compensation claim with Washington's Department of Labor & Industries and wanted the state to pay for interpreter services during the process. The worker argued that the state should cover these costs to ensure fair treatment. **What the Court Decided** The Washington Supreme Court ruled against the worker. The court found that under state law, the government only has to pay for interpreter services when the government starts a legal case against someone. Since the worker initiated the workers' compensation claim themselves, the state was not required to provide free interpreter services. **Why This Matters for Workers** This ruling means that workers with limited English proficiency may need to pay for their own interpreters when filing workers' compensation claims in Washington. This could create a financial barrier for some workers seeking benefits after workplace injuries. Workers in this situation should be prepared for potential interpreter costs or seek assistance from advocacy organizations that might help with language support during the claims process.

This summary was generated to explain the ruling in plain English and is not legal advice.

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