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.”

The proposed regulation will establish the range of reasonable fees allowable for attorneys representing injured employees when employers or insurers request their depositions. The deposition shall not exceed the following amounts:

(1) An amount not to exceed $500 per hour for attorneys certified as Workers’ Compensation Specialists by the State Bar of California;
(2) An amount not to exceed $450 per hour for attorneys with five or more years of experience in Workers’ Compensation matters in the state of California;
(3) an amount not to exceed $400 per hour for attorneys with fewer than five years of experience in workers’ compensation matters in the state of California;
(4) an amount not to exceed $250 per hour for non-attorney representatives as identified pursuant to Labor Code section 10751.

Incremental Billing Requirements:

(1) Fees authorized under this section shall be billed on an incremental, time-based basis, reflecting actual time reasonably spent preparing the injured employee for deposition and attending the deposition.
(2) Billing increments shall not exceed one-tenth (0.1) of an hour.
(3) Minimum or flat fees are not permitted, and attorneys or representatives shall not bill for time not actually expended.

Fees shall not be sought or awarded for activities including, but not limited to:

(1) General file review;
(2) Travel time or travel expenses;
(3) Review of deposition transcripts;
(4) Administrative or clerical tasks.

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.