Authorities as the decision cited them, with how this panel applied each one.
Labor Code §5710
Labor Code §5710 allows reasonable attorney's fees for deposition services rendered by non-attorney representatives if paid to the law firm representing the injured worker.
Applied to uphold the award of deposition fees to the applicant's law firm for services by a hearing representative.
From the decision · page 4III.
DISCUSSION
Labor Code § 5700 allows non-attorneys to represent parties before the Workers'
Compensation Appeals Board. An integral part of representing injured workers is the conducting
of discovery, including depositions.
In addition, Labor Code § 4907(b) states that "for purposes of this section, non[-]attorney
representatives shall be held to the same professional standards of conduct as attorneys." The
operative portion of Labor Code § 5710 pertaining to attorney's fees is subsection (b) (4), not (a)
(4) as cited by Petitioner. It states that "A reasonable allowance for attorney's fees for the deponent,
if represented by an attorney licensed by the State Bar of this state." A review of the Labor Code
both before and after the revision cited by Petitioner as effective on January 1, 2017 reveals that
subsection (b) (4) was the same in 2022 as it was in 2016.
Labor Code § 5710 has been interpreted by the California Court of Appeal in 99Cents Only
Stores vs. WCAB (Arriaga), 65 CCC 456 (2000), where it determined that § 5710(b)(4) did not
specifically prohibit payment of deposition fees for services rendered by a non-attorney
representative as long as they are paid to the law firm representing an injured worker.
In fact, as cited by Petitioner, on page 4 of its petition, lines 13-16, the applicant is in fact
represented by an attorney so licensed.
Labor Code §5700
Labor Code §5700 permits non-attorneys to represent parties before the WCAB.
Confirmed the legitimacy of non-attorney representation in this case.
From the decision · page 4III.
DISCUSSION
Labor Code § 5700 allows non-attorneys to represent parties before the Workers'
Compensation Appeals Board. An integral part of representing injured workers is the conducting
of discovery, including depositions.
In addition, Labor Code § 4907(b) states that "for purposes of this section, non[-]attorney
representatives shall be held to the same professional standards of conduct as attorneys." The
operative portion of Labor Code § 5710 pertaining to attorney's fees is subsection (b) (4), not (a)
(4) as cited by Petitioner. It states that "A reasonable allowance for attorney's fees for the deponent,
if represented by an attorney licensed by the State Bar of this state." A review of the Labor Code
both before and after the revision cited by Petitioner as effective on January 1, 2017 reveals that
subsection (b) (4) was the same in 2022 as it was in 2016.
Labor Code § 5710 has been interpreted by the California Court of Appeal in 99Cents Only
Stores vs. WCAB (Arriaga), 65 CCC 456 (2000), where it determined that § 5710(b)(4) did not
specifically prohibit payment of deposition fees for services rendered by a non-attorney
representative as long as they are paid to the law firm representing an injured worker.
In fact, as cited by Petitioner, on page 4 of its petition, lines 13-16, the applicant is in fact
represented by an attorney so licensed.
Labor Code §4907(b)
Labor Code §4907(b) holds non-attorney representatives to the same professional standards as attorneys.
Supported the professional conduct requirement for the hearing representative.
From the decision · page 4III.
DISCUSSION
Labor Code § 5700 allows non-attorneys to represent parties before the Workers'
Compensation Appeals Board. An integral part of representing injured workers is the conducting
of discovery, including depositions.
In addition, Labor Code § 4907(b) states that "for purposes of this section, non[-]attorney
representatives shall be held to the same professional standards of conduct as attorneys." The
operative portion of Labor Code § 5710 pertaining to attorney's fees is subsection (b) (4), not (a)
(4) as cited by Petitioner. It states that "A reasonable allowance for attorney's fees for the deponent,
if represented by an attorney licensed by the State Bar of this state." A review of the Labor Code
both before and after the revision cited by Petitioner as effective on January 1, 2017 reveals that
subsection (b) (4) was the same in 2022 as it was in 2016.
Labor Code § 5710 has been interpreted by the California Court of Appeal in 99Cents Only
Stores vs. WCAB (Arriaga), 65 CCC 456 (2000), where it determined that § 5710(b)(4) did not
specifically prohibit payment of deposition fees for services rendered by a non-attorney
representative as long as they are paid to the law firm representing an injured worker.
In fact, as cited by Petitioner, on page 4 of its petition, lines 13-16, the applicant is in fact
represented by an attorney so licensed.