ISD Has Translated A Limited Number of Vital Documents. It appears that ISD has not developed a list of documents vital to the workers’ compensations program, or translated documents ISD units deem vital into non-English languages other than Spanish. We asked ISD to list and provide copies of all vital documents used in the workers’ compensation program and to indicate if each of the documents were translated into non-English languages. ISD responded that it “does not have a standard set of vital documents,” but ISD units identified forms, letters, orders and other documents they believe are vital in a workers’ compensation claim, and noted that documents translated into Spanish are available on the L&I website.58 ISD indicated that the following letters are vital: a letter indicating that ISD would be unable to process the claimant’s claim because of lack of information, and requesting a response within 10 days to avoid rejection of the claim; Notice of Decision letters indicating that a claimant’s claim for benefits was being rejected and that the claimant could appeal the decision within 60 days; a letter denying a claimant’s request to protest a decision issued by ISD; and a letter alerting the claimant that ISD made an overpayment to the claimant and that the claimant had 60 days to make a written request for reconsideration of the determination. Of the 44 claims, letters, and order documents ISD provided, all were written in English.59 While ISD provided copies of a “Protest Rights” form translated into 35 languages, a discrimination form it provided is only available in Chinese.60 Many of the translated documents ISD provided do not appear to be available on its website. In addition to the documents identified as vital by ISD, the L&I website indicates that a workers’ compensation claimant receives the following vital documents: a Claim Arrival Card; a First Payment Letter; a copy of the information pamphlet, Getting Back to Work: It's Your Job and Your Future;61 a copy of Workers’ Guide to Industrial Insurance Benefits;62 Notices of Decision; correspondence requesting any necessary additional information; and a Worker Verification Form63 for claimants receiving time-loss compensation. These listed documents 58 Response Documents, Question 8. 59 Response Documents, Question 8, ClaimsLettersAndOrders.zip. 60 Response Documents, Question 8, Forms Available in Foreign Languages, VitalFormsForeignLang.xlsx. 61 Available at xxxx://xxx.xxx.xx.xxx/IPUB/000-000-000.pdf (Last visited June 20, 2014). 62 Available at xxxx://xxx.xxx.xx.xxx/IPUB/000-000-000.pdf (Last visited June 20, 2014). 63 Available at xxxx://xxx.xxx.xx.xxx/Forms/pdf/242052af.pdf (Last visited June 20, 2014). appear to be available only in English and Spanish on the website. Further, as we noted to staff during our on-site visit, almost all of the descriptions for these and other Spanish documents on the L&I website are only provided in English.64 It also appears that the L&I website does not have vital documents and informational materials available in the non-English languages listed at the top of the ROA form. While over 140 documents are available in Spanish,65 only 20 total documents were available in the remaining 6 languages listed on the ROA form: 4 in Russian,66 8 in Korean,67 3 in Chinese,68 4 in Vietnamese, 69 none of the documents on the website were available in Laotian,70 and only 1 was available in Cambodian.71 Of the 20 documents on the website translated into a language other than Spanish, none had the document title or the document description translated into the corresponding non-English language. The current website also makes it difficult for someone who reads a non-English language other than Spanish to identify these vital documents. For example, the ROA form and its instructions, the form every claimant must complete to begin the claims process, did not appear to be available in any non-English languages.72 While the ROA instructions are available in Spanish, claimants are to “complete the form in English”73 and instructions are not available in other languages. A Chinese Bilingual Customer Service Specialist told us that she has not come across the ISD documents translated into Chinese and instead must explain the claims process to each Chinese-speaking claimant. ISD also asserted that “Department claims letters all end with the statement that an interpreter will be provided if the worker needs one.”74 However, each of the letters we were provided ended with the following sentence written in English: “I have phone interpretation 64 See L&I, Formularios y publicaciones en espanol at xxxx://xxx.xxx.xx.xxx/Spanish/FormPub/SpanishForms.asp (Last visited June 20, 2014). 65 Id. 66 xxxx://xxx.xxx.xx.xxx/FormPub/results.asp?Keyword=russian&Submit=Search. (Last visited June 20, 2014). 67 xxxx://xxx.xxx.xx.xxx/FormPub/results.asp?Keyword=Korean&Submit=Search (Last visited June 20, 2014). 68 xxxx://xxx.xxx.xx.xxx/FormPub/results.asp?Keyword=chinese&Submit=Search&SubSection=&DocType=0 (Last visited June 20, 2014). 69 xxxx://xxx.xxx.xx.xxx/FormPub/results.asp?Keyword=Vietnamese&Submit=Search (Last visited June 20, 2014). 70 xxxx://xxx.xxx.xx.xxx/FormPub/results.asp?Keyword=Laotian&Submit=Search (Last visited June 20, 2014). 71 xxxx://xxx.xxx.xx.xxx/FormPub/results.asp?Keyword=Cambodian&Submit=Search (Last visited June 20, 2014). 72 See L&I, Report of Accident (ROA) Workplace Injury, Accident or Occupational Disease, available at xxxx://xxx.xxx.xx.xxx/FormPub/Detail.asp?DocID=1599 (Last visited Feb. 26, 2014). 73 Id. 74 Response Documents, Question 9. services if you don’t speak English.”75 This statement was not translated into non-English languages or followed by a reference to an ISD policy or legal authority.
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ISD Has Translated A Limited Number of Vital Documents. It appears that ISD has not developed a list of documents vital to the workers’ compensations program, or translated documents ISD units deem vital into non-English languages other than Spanish. We asked ISD to list and provide copies of all vital documents used in the workers’ compensation program and to indicate if each of the documents were translated into non-English languages. ISD responded that it “does not have a standard set of vital documents,” but ISD units identified forms, letters, orders and other documents they believe are vital in a workers’ compensation claim, and noted that documents translated into Spanish are available on the L&I website.58 ISD indicated that the following letters are vital: a letter indicating that ISD would be unable to process the claimant’s claim because of lack of information, and requesting a response within 10 days to avoid rejection of the claim; Notice of Decision letters indicating that a claimant’s claim for benefits was being rejected and that the claimant could appeal the decision within 60 days; a letter denying a claimant’s request to protest a decision issued by ISD; and a letter alerting the claimant that ISD made an overpayment to the claimant and that the claimant had 60 days to make a written request for reconsideration of the determination. Of the 44 claims, letters, and order documents ISD provided, all were written in English.59 While ISD provided copies of a “Protest Rights” form translated into 35 languages, a discrimination form it provided is only available in Chinese.60 Many of the translated documents ISD provided do not appear to be available on its website. In addition to the documents identified as vital by ISD, the L&I website indicates that a workers’ compensation claimant receives the following vital documents: a Claim Arrival Card; a First Payment Letter; a copy of the information pamphlet, Getting Back to Work: It's Your Job and Your Future;61 a copy of Workers’ Guide to Industrial Insurance Benefits;62 Notices of Decision; correspondence requesting any necessary additional information; and a Worker Verification Form63 for claimants receiving time-loss compensation. These listed documents 58 Response Documents, Question 8. 59 Response Documents, Question 8, ClaimsLettersAndOrders.zip. 60 Response Documents, Question 8, Forms Available in Foreign Languages, VitalFormsForeignLang.xlsx. 61 Available at xxxx://xxx.xxx.xx.xxx/IPUB/000-000-000.pdf (Last visited June 20, 2014). 62 Available at xxxx://xxx.xxx.xx.xxx/IPUB/000-000-000.pdf (Last visited June 20, 2014). 63 Available at xxxx://xxx.xxx.xx.xxx/Forms/pdf/242052af.pdf (Last visited June 20, 2014). appear to be available only in English and Spanish on the website. Further, as we noted to staff during our on-site visit, almost all of the descriptions for these and other Spanish documents on the L&I website are only provided in English.64 It also appears that the L&I website does not have vital documents and informational materials available in the non-English languages listed at the top of the ROA form. While over 140 documents are available in Spanish,65 only 20 total documents were available in the remaining 6 languages listed on the ROA form: 4 in Russian,66 8 in Korean,67 3 in Chinese,68 4 in Vietnamese, 69 none of the documents on the website were available in Laotian,70 and only 1 was available in Cambodian.71 Of the 20 documents on the website translated into a language other than Spanish, none had the document title or the document description translated into the corresponding non-English language. The current website also makes it difficult for someone who reads a non-English language other than Spanish to identify these vital documents. For example, the ROA form and its instructions, the form every claimant must complete to begin the claims process, did not appear to be available in any non-English languages.72 While the ROA instructions are available in Spanish, claimants are to “complete the form in English”73 and instructions are not available in other languages. A Chinese Bilingual Customer Service Specialist told us that she has not come across the ISD documents translated into Chinese and instead must explain the claims process to each Chinese-speaking claimant. ISD also asserted that “Department claims letters all end with the statement that an interpreter will be provided if the worker needs one.”74 However, each of the letters we were provided ended with the following sentence written in English: “I have phone interpretation 64 See L&I, Formularios y publicaciones en espanol at xxxx://xxx.xxx.xx.xxx/Spanish/FormPub/SpanishForms.asp (Last visited June 20, 2014). 65 Id. 66 xxxx://xxx.xxx.xx.xxx/FormPub/results.asp?Keyword=russian&Submit=Search. (Last visited June 20, 2014). 67 xxxx://xxx.xxx.xx.xxx/FormPub/results.asp?Keyword=Korean&Submit=Search (Last visited June 20, 2014). 68 xxxx://xxx.xxx.xx.xxx/FormPub/results.asp?Keyword=chinese&Submit=Search&SubSection=&DocType=0 (Last visited June 20, 2014). 69 xxxx://xxx.xxx.xx.xxx/FormPub/results.asp?Keyword=Vietnamese&Submit=Search (Last visited June 20, 2014). 70 xxxx://xxx.xxx.xx.xxx/FormPub/results.asp?Keyword=Laotian&Submit=Search (Last visited June 20, 2014). 71 xxxx://xxx.xxx.xx.xxx/FormPub/results.asp?Keyword=Cambodian&Submit=Search (Last visited June 20, 2014). 72 See L&I, Report of Accident (ROA) Workplace Injury, Accident or Occupational Disease, available at xxxx://xxx.xxx.xx.xxx/FormPub/Detail.asp?DocID=1599 (Last visited Feb. 26, 2014). 73 Id. 74 Response Documents, Question 9. services if you don’t speak English.”75 This statement was not translated into non-English languages or followed by a reference to an ISD policy or legal authority.
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