California’s Division of Workers’ Compensation is accepting public comments through 5 p.m. Nov. 9, 2026, on a revised draft regulation establishing ranges for attorney deposition rates. The proposal concerns workers’ compensation proceedings in which employers or insurers pay reasonable attorney rates for qualifying deponents. It remains a draft, not an adopted rule.
DWC says the revision incorporates stakeholder feedback on an initial draft posted in January 2026. The current comment opportunity allows readers to review the revised proposal through the agency’s online forum before the deadline.
When employers or insurers pay
According to DWC, Labor Code section 5710 allows the Workers’ Compensation Appeals Board, a workers’ compensation judge or any party to a proceeding to request a witness deposition. The attorney-payment provisions apply when an employer or insurance carrier requests a deposition of an injured worker or someone claiming dependent benefits.
In those circumstances, a deponent represented by an attorney is entitled to reasonable attorney rates, paid by the employer or insurer. Judges have discretion to determine reasonable amounts. DWC says current deposition rates are guided by local policies established by presiding judges in each district, and individual awards can be disputed before workers’ compensation judges.
Reviewing the proposed rule
The proposal would add section 9795.6 to Title 8 of the California Code of Regulations. DWC describes the measure as establishing the reasonable attorney-rate range called for under Labor Code section 5710(b)(4), which assigns that responsibility to the agency’s administrative director.
Readers can find the revised draft and instructions for submitting comments on DWC’s forums webpage under “Rulemaking Forums.” The Nov. 9 deadline is the cutoff for this public-comment opportunity, not an effective date for new rates.
