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By Eman Yazdchi, Esq. · Certified Specialist in Workers' Compensation Law, State Bar of California Board of Legal Specialization
In California, Labor Code §5710 requires the employer or insurer to pay the injured worker's reasonable attorney fee and necessary interpreter expense for the worker's own deposition. The §5710 California fee is separate from the §4906 contingent attorney fee on the underlying comp award.
California Labor Code section 5710 requires the California employer or workers' compensation insurer who notices and takes the injured worker's deposition to pay the worker's reasonable attorney fee for the deposition appearance plus the necessary interpreter expense. The section 5710 California rule is a fee-shifting statute — the cost of defending the worker's deposition is shifted to the party who chose to take it. The section 5710 California fee is paid separately from and on top of the California Labor Code §4906 California contingent attorney fee on the underlying comp award; section 5710 California fees do not reduce the worker's net recovery from the comp claim itself.
Under California Labor Code section 5710, the California deposition-fee award covers the worker's attorney's reasonable fee for time preparing the worker for the deposition, appearing at the deposition, and any necessary follow-up. The section 5710 California rule also covers the necessary interpreter expense — when the California worker requires a qualified interpreter to participate meaningfully in the deposition, the insurer pays for the interpreter. The section 5710 California fee is calculated as a reasonable hourly attorney fee, not a contingent percentage; the WCAB judge approves the section 5710 California amount on petition by the worker's attorney.
Under California Labor Code section 5710, the California attorney fee is set at a reasonable hourly rate for the time the worker's attorney spent preparing for, appearing at, and following up on the deposition. The section 5710 California rule is structurally different from the California Labor Code §4906 California contingent fee on the underlying comp award — the section 5710 California fee is hourly + per-deposition, not a percentage of recovery. The section 5710 California amount is typically set by petition filed with the WCAB after the deposition concludes, with the WCAB judge reviewing the time entries and approving a reasonable fee. The section 5710 California fee is paid by the California insurer directly to the worker's attorney.
Under California Labor Code section 5710 (deposition fees) and California Labor Code §4906 (contingent attorney fee on the comp award), the California fee streams are separate. The section 5710 California fee compensates the worker's attorney for deposition work specifically; the California Labor Code §4906 California contingent fee compensates the attorney for the overall case result. A California worker whose deposition is taken does not lose any portion of the ultimate comp recovery to attorney fees for the deposition — the section 5710 California fee is on top, paid by the California insurer. The section 5710 California and California Labor Code §4906 California frameworks together fund the worker's attorney without forcing the California worker to absorb deposition costs from the recovery.
Under California Labor Code section 5710, California Labor Code §5811, and California Labor Code §4903, the California cost-shifting framework allocates litigation expenses across multiple statutes. California Labor Code §5811 California covers medical-legal expenses (QME reports, deposition transcripts, interpreters at medical-legal events). The section 5710 California fee specifically covers the worker's deposition. California Labor Code §4903 California establishes the lien framework on the comp award for attorney fees, medical-legal expenses, and certain other categories. The three California sections together build the picture: section 5710 for the worker's deposition, California Labor Code §5811 for medical-legal expenses, and California Labor Code §4903 for liens on the underlying comp award itself.
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Tap to call →Last reviewed by Eman Yazdchi, Esq., May 2026.
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