DWC Proposes Statewide 5710 Fee Guidelines: Public Comment Open
January 30, 2026
When the employer or insurer requests the deposition of a represented injured employee, applicant’s counsel is statutorily entitled to a reasonable allowance for attorney’s fees, payable by the employer or insurer. These are sometimes known as “5710 fees” as the statutory basis is Labor Code Section 5710(b)(4).
Currently, fee determinations are guided by district-level local policies and memoranda established by presiding judges. In recent years, the applicant’s bar has been arguing that the ten to fifteen-year-old memoranda (dependent on the district) are out of date and new fee guidelines are required. Currently, defendants frequently see applicant’s counsel demanding $500-$600 or more per hour, even sometimes for newly qualified attorneys. There is frequent litigation over fee amounts, and sometimes the cost of the litigation is more than the demanded fee.
Now, the California Division of Workers’ Compensation (DWC) has posted for public comment a draft regulation proposing standardized ranges for attorney deposition fees in workers’ compensation proceedings. The proposal implements Labor Code section 5710(b)(4), which directs the DWC Administrative Director to determine the “range of reasonable fees” payable to an applicant’s attorney.
Some of the changes are welcome from the defense side and should decrease frivolous litigation; for example, clarifying that there are no additional 5710 fees permitted for transcript review or administrative or clerical tasks, and the elimination of fees for travel time.
The proposed ranges are slightly increased from the prior memoranda from 2011-2015:
- The proposed top fee is now $500 per hour for a Certified Specialist in Worker’s Compensation (previously $400 per the memoranda).
- $450 for attorneys with five or more years of experience (previously $350-400 per the memoranda).
- $400 per hour for attorneys with fewer than five years of experience (previously $300 per the memoranda).
- $250 per hour for hearing representatives (previously $150-200 per the memoranda).
The full text of the proposed regulation is available here (click on “text of proposed regulations”): DWC forums – Attorney Fees for Deposition of Injured Worker Regulations
Public comments will be accepted through 5:00 p.m. on February 13, 2026 and are accepted via email to: DWCForums@dir.ca.gov. LFLM encourages our clients to comment on this proposed legislation.
Written By:
Jocelyn M. Hutch, Esq., of our LFLM-San Francisco Office
Laughlin, Falbo, Levy & Moresi, LLP.