DWC posts revised draft regulation establishing ranges for attorney deposition rates to online forum for public comment

NEWSLINE

The Division of Workers' Compensation (DWC) has posted a revised draft regulation establishing attorney rate ranges for depositions on its online forum for public review and comment. The revised proposal incorporates stakeholder feedback received following the initial draft proposal was posted to the Forum in January 2026.

Under California's workers' compensation system, Labor Code section 5710 allows the Workers' Compensation Appeals Board (WCAB), a workers' compensation judge or any party to a proceeding to request a witness deposition. When an employer or insurance carrier requests the deposition of an injured worker or a person claiming dependent benefits, the deponent is entitled to certain benefits, including reasonable attorney's rates if represented by an attorney. These rates are paid by the employer or its insurer, with judges having discretion to determine reasonable amounts. Currently, attorney rates for depositions are guided by local policies established by presiding judges in each district. However, individual rate awards may be disputed and litigated before WCAB judges. Pursuant to section 5710(b)(4), DWC's Administrative Director is responsible for establishing a range of reasonable attorney rates for depositions. This rulemaking sets forth that range.

This proposed regulation would add section 9795.6 to Title 8, Division 1, Chapter 1, Article 5.8, of the California Code of Regulations.

The proposed regulation establishes a range of reasonable attorney rates for representing deponents pursuant to Labor Code section 5710.

More information, including instructions for submitting public comments, is available on the DWC forums webpage under "Rulemaking Forums." Public comments will be accepted until 5 p.m. on Nov. 9, 2026.

The California Department of Industrial Relations' Division of Workers' Compensation monitors the administration of workers' compensation claims and provides administrative and judicial services to help resolve disputes related to claims for workers' compensation benefits.