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DEPOSITIONS   

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 jurisdictions.
(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 her insurer.
   (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

Label Item Links Comments
Labor Code Depositions LC §5710   
Regulations/Rules Petitions for attorney's fees for representation of the applicant at a deposition may be submitted on a walk-through basis 8 CCR §10280  
Forms      
Websites Best's california-discovery-law.com Deposition outline  
     
Practice Tips  See magazine articles below    
Articles
     
Magazine Articles How to Prevent Harassing Conduct During Workers'
Compensation Depositions by David L. Hart, Esq.

Depo Prep Made Easy: 7 steps to effective deposition preparation by Marjory Harris, Esq.
Prevent Harassing Depo Conduct

Depo Prep Made Easy
 
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