Labor Code §5710, amended by SB 863, governs depositions taken in workers' compensation proceedings.
(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. To that end the attendance of
witnesses and the production of records may be required. Depositions
may be taken outside the state before any officer authorized to
administer oaths. The appeals board or a workers' compensation judge in
any proceeding before the appeals board
may cause evidence to be taken in other jurisdictions before the agency
authorized to hear workers' compensation matters in those other
(b) Where the employer or insurance carrier requests a deposition to be
taken of an injured employee, or any person claiming benefits as a
dependent of an injured employee, the deponent is entitled to receive
in addition to all other benefits:
(1) All reasonable expenses of transportation, meals, and lodging incident to the deposition.
(2) Reimbursement for any loss of wages incurred during attendance at the deposition.
(3) A copy of the transcript of the deposition, without cost.
(4) A reasonable
allowance for attorney's fees for the deponent, if represented
by an attorney licensed by the State Bar of
this state. The fee shall be discretionary with, and, if allowed, shall be
set by, the appeals board, but shall be paid by the employer or his or
(5) A reasonable allowance for interpreter's fees for the
deponent, if interpretation services are needed and provided by a
language interpreter certified or deemed certified pursuant to Article
8 (commencing with Section 11435.05) of Chapter 4.5 of Part 1 of
Division 3 of Title 2 of, or Section 68566 of, the Government Code. The
fee shall be in accordance with the fee schedule set by the
administrative director and paid by the employer or his or her insurer.
Payment for interpreter's services shall be allowed for deposition of a
non-English-speaking injured worker, and for any other
deposition-related events as permitted by the administrative director.
The Code of Civil Procedure governs notice (CCP §2025.240), location (CCP §2025.250), service (CCP §1013), etc. See Deposition outline
See, too, Discovery