Up until this point, there has been no uniform fee schedule or authorized activities that would qualify for payment pursuant to Labor Code §5710 Fees across the state of California. Applicant attorneys would submit requests for payment based upon the location of their practice, with the rates varying greatly from Southern California to the Central Valley to Northern California. Defendants would then make recommendations for payment of the fees based upon what was deemed “reasonable” by the WCAB where the case was venued.

In early 2026, the California Division of Workers Compensation (DWC) decided to address these issues and proposed regulations to establish the range of reasonable fees allowable for attorneys/non-attorneys when representing an injured employee when the employer or insurance carrier requests their depositions. The proposed regulation, if adopted, would be Title 8, Division 1, Article 5.8, section 9795.6.

California Code of Regulations §9795.6 would address reasonable attorney fees for preparation and representation if an injured employee at deposition when the deposition is set by an employer or insurance carrier pursuant to Labor Code §5710.

The highlights of the proposed regulations are:

1. Reasonable hourly rates for attorney services, related to the preparation of the injured employee before a deposition and representation at the deposition have been proposed as follows:

a. An amount not to exceed $500.00 per hour for attorneys certified as Workers’ Compensation Specialists by the State Bar of California;
b. An amount not to exceed $450.00 per hour for attorneys with five or more years of experience in Workers’ Compensation matters in the state of California;
c. An amount not to exceed $400.00 per hour for attorneys with fewer than five or more years of experience in Workers’ Compensation matters in the state of California;
d. An amount not to exceed $250.00 per hour for non-attorney representatives as identified pursuant to Labor Code §10751. experience in Workers’ Compensation matters in the state of California.

2. Attorney is defined as: “[an] individual with an active license to practice law in California and in good standing with the State Bar of California at the time the services are performed.

3. Incremental billing requirements are established as well, indicating that:

a. Fees authorized under this section shall be billed on an incremental, time-based basis, reflecting actual time reasonably spent preparing the injured employee for deposition and attending the deposition.
b. Billing increments shall not exceed one-tenth (0.1) of an hour.
c. Minimum or flat fees are not permitted, and attorneys or representatives shall not bill for time not actually expended.

4. The proposed regulations also include a disclosure requirement, requiring a non-attorney representative, or an attorney appearing on behalf of counsel of records for the injured employee for a deposition to clearly state their status on the record.

5. Finally, the proposed regulations identify what are non-compensable services, specifically stating that attorney fees are not payable for any services other than preparation of the injured employee for a deposition and representation during the deposition and identifies the activities where fees shall not be sought or awarded. Those activities include, but are not limited to:

a. General file review;
b. Travel time or travel expenses;
c. Review of deposition transcripts;
d. Administrative or clerical tasks.

Although the regulation has not yet been adopted, the proposed regulations offer insight into what the DWC finds reasonable as far as hourly rates and activities under labor Code §5710 and can be used as guidance for payment of these fees pending adoption of the regulation.