California Proposes New Guidelines for Deposition Fees

The Division of Workers' Compensation aims to eliminate disputes over 'unpaid' Labor Code Section 5710 fees

Published on Feb. 28, 2026

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The California Division of Workers' Compensation has released proposed regulations to establish maximum hourly rates for attorneys and non-attorneys conducting depositions in workers' compensation cases. The goal is to eliminate ongoing disputes over 'unpaid' Labor Code Section 5710 fees that have held up case settlements.

Why it matters

Disputes over deposition fees have been a longstanding problem for defendants, with some simply paying exorbitant fees to make the issue go away while others fight it out in court. The proposed guidelines aim to provide a clear, codified structure to address these fee disputes, which should help streamline payments, eliminate unnecessary litigation, and free up overworked judges to focus on other important matters.

The details

The proposed regulations set maximum hourly rates for depositions: $500 per hour for a certified workers' compensation specialist, $450 per hour for an attorney with 5+ years of experience, $400 per hour for an attorney with less than 5 years of experience, and $250 per hour for a non-attorney representative. Billing must be in 0.1 hour increments with no minimum or flat fees allowed. Certain charges like general file review, travel time/expenses, transcript review, and administrative tasks are also prohibited from being billed to defendants.

  • The DWC released the proposed regulations on January 26, 2026.
  • Public comments on the proposed regulations closed on February 13, 2026.

The players

Division of Workers' Compensation (DWC)

The state agency that oversees the workers' compensation system in California and has proposed the new deposition fee guidelines.

Shannon M. Lang

A partner at the law firm Bradford and Barthel who has voiced strong support for the proposed regulations, citing personal experiences with excessive and abusive deposition fee billing practices by applicants' attorneys.

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What they’re saying

“Remember that one law firm I mentioned that sends a $3,000 bill for a deposition? Each invoice it submits includes general file review, travel time (even when the deposition was remote), review of the deposition transcript, and clerical tasks.”

— Shannon M. Lang, Partner, Bradford and Barthel (workcompcentral.com)

“Mandating a hearing representative or non-attorney to state his position on the record should have been something that was instituted long ago. It should not be something that is hidden from us, for that matter.”

— Shannon M. Lang, Partner, Bradford and Barthel (workcompcentral.com)

What’s next

The proposed regulations must now go through the formal rulemaking process, including a public comment period that closed on February 13, 2026. The applicants' bar has voiced strong opposition to the guidelines, while the defense side has generally supported them. The DWC will review the public comments before deciding whether to move forward with adopting the new fee structure.

The takeaway

The proposed deposition fee guidelines from the California Division of Workers' Compensation represent a common-sense approach to addressing longstanding disputes over 'unpaid' Labor Code Section 5710 fees. If adopted, the new rules would provide much-needed structure and clarity, helping to streamline payments, eliminate unnecessary litigation, and free up overburdened judges to focus on other important matters.