DWC posts draft regulation establishing ranges for attorney deposition fees to online forum for public comment

NEWSLINE

The Division of Workers' Compensation (DWC) has posted proposed ranges for attorney deposition fees to its online forum where members of the public may review and comment on the proposals.

In the California workers' compensation system, the Workers Compensation Appeals Board (WCAB), a workers' compensation judge, or any party to the action or proceeding may request the deposition of a witness in matter before the WCAB, pursuant to Labor Code section 5710. If either the employer or the insurance carrier requests that an injured employee be deposed, that injured employee is entitled to receive, among other benefits, "a reasonable allowance for attorney's fees" if they are represented by an attorney. Judges have discretion when awarding the fees, which are required to be paid by employer or its insurer. Fees are currently governed by local policy established by presiding judges in each district, which serve as a guide to the parties, but individual attorneys' fees awards are subject to litigation before WCAB judges. Pursuant to section 5710(b)(4) the Administrative Director of the Division of Workers' Compensation (DWC) is charged with determining "the range of reasonable fees to be paid." This rulemaking sets forth that range.

This proposed regulation will establish California Code of Regulations, Title 8, Division 1, Chapter 1, Article 5.8, section 9795.6.

The proposed regulation will establish the range of reasonable fees allowable for attorneys representing injured employees when employers or insurers request their depositions.

The forum can be found online on the DWC forums web page under "current forums." Comments will be accepted until 5 p.m. on February 13, 2026.