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California Labor Code §5710 — Deposition Fees
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By Eman Yazdchi, Esq. · Certified Specialist in Workers' Compensation Law, State Bar of California Board of Legal Specialization · Cal Bar #285231
(a) The appeals board, a workers' compensation judge, or any party to the action or proceeding, may, in any investigation or hearing before the appeals board, cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in the superior courts of this state under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure.
What does California Labor Code section 5710 establish?
Section 5710 requires the party who takes the injured worker's deposition to pay the worker's attorney a separate reasonable fee for appearing at that deposition.
Section 5710 requires the employer or insurer who takes the injured worker's deposition to pay the worker's attorney a reasonable deposition fee, a separate payment on top of the contingent fee on the award. Carriers routinely delay or underpay it. Certified Specialist Eman Yazdchi (California Board of Legal Specialization, State Bar of California) enforces section 5710 deposition fee rights and interpreter costs on every file where the carrier notices a worker deposition.
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, the WCAB-approved contingent attorney fee that comes out of the comp recovery, 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.
What deposition fees does section 5710 California cover?
The deposition fee under section 5710 covers reasonable attorney time for preparation and appearance, typically billed at a defined hourly rate approved by the WCAB.
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.
How is the section 5710 California attorney fee calculated?
The section 5710 attorney fee is separate from and in addition to the section 4906 contingent fee on the underlying compensation award, the carrier pays both.
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.
How does section 5710 California interact with §4906 contingent fees?
Section 5710 interacts with the section 4906 contingent-fee structure: the deposition fee does not count against the contingent-fee cap and does not reduce the worker's net recovery.
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.
How does section 5710 California interact with §5811 medical-legal costs and the §4903 lien framework?
Section 5710 interacts with the section 5811 interpreter cost and section 4903 lien framework: deposition interpreter costs are also charged to the defendant as litigation expenses.
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.
The California Division of Workers' Compensation (DWC) 2024 annual report shows attorney-fee awards under California Labor Code §5710 for worker depositions averaged $2,800 per deposition in 2024, with California Labor Code §4906 approval required for the higher-end fees. The CHSWC 2024 report estimates roughly 24% of disputed claims trigger a §5710 deposition demand from the defense, the single most common employer discovery tool. More context: the California workers' comp pillar and the §4906 attorney-fee explainer at the §4906 fee card.
Related on yazdchilaw.com: California workers' compensation lawyer pillar · California Labor Code §5400.30 explained · California Labor Code §3700.6 explained · what to do if you can't go back to work after a workers' comp injury.
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What does California Labor Code section 5710 actually establish for deposition fees?
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 fees do not reduce the California worker's net recovery.
What deposition fees does section 5710 California actually cover for the worker?
Under California Labor Code section 5710, the California deposition-fee award covers the worker's attorney's reasonable fee for time preparing the California 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.
How is the section 5710 California attorney fee actually calculated?
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, the section 5710 fee is hourly + per-deposition, not a percentage of recovery. The section 5710 amount is typically set by petition filed with the WCAB after the deposition concludes, with the WCAB judge reviewing the time entries. The section 5710 fee is paid by the California insurer directly to the worker's attorney.
How does section 5710 California interact with §4906 contingent attorney fees?
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 two California frameworks together fund the worker's attorney without forcing absorption.
How does section 5710 California interact with §5811 and §4903 lien framework?
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 California 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.
Last reviewed by Eman Yazdchi, Esq., June 2026.
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