California Proposes New Attorney Fees for Depositions
The state division released revised rules establishing maximum hourly rates for legal services in workers' compensation cases.
Updated on Oct. 30, 2026 in Employment
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The California Division of Workers' Compensation has introduced revised proposed regulations that set tiered maximum hourly rates for attorneys handling depositions. These updates aim to address feedback from an earlier draft issued in January while standardizing billing practices across the state.
Why it matters
By replacing localized policies set by judges with formal statewide rate ranges, these regulations provide clarity on how employers and insurers must satisfy their obligation to pay reasonable attorney fees. The proposal also updates billing guidelines for travel and document review to ensure consistent compensation.
The proposal sets a $500 maximum hourly rate for certified workers' compensation specialists, while attorneys with 10 or more years of experience qualify for $450 per hour. Those with five to 10 years of experience are capped at $400, and attorneys with fewer than five years receive $350 per hour.
The players
California Division of Workers' Compensation
This state agency oversees the administration of the workers' compensation system and manages the development of regulatory standards.
The details
Under the new proposal, legal professionals can bill for transcript review and travel at half their applicable hourly rate upon providing proof of these services. The regulations also remove previous restrictions on billing increments and minimum or flat fees, while extending the scope to include cases involving dependent benefits.
Timeline
The division released an earlier draft of the proposal in January 2026.
Revised proposed regulations were released on October 28, 2026.
The public comment period concludes at 5 p.m. on November 9, 2026.
Macro View
The proposed regulations formalize procedures authorized by Labor Code Section 5710 to ensure consistency in legal fee structures. This move marks a departure from the historical reliance on individual judicial discretion, mirroring broader efforts to standardize administrative workflows.
These changes impact how employers and insurers calculate their legal costs for depositions in workers' compensation claims. Legal representatives and claimants will see standardized rates that clarify billing expectations for travel, transcript reviews, and specialist services.
The takeaway
The proposed changes shift the regulatory environment toward uniform, experience-based billing standards for legal services. Stakeholders should review the new fee tiers to understand how they align with current and future deposition cost expectations.
What happens next
The division will accept public comments regarding the proposed regulations until 5 p.m. on November 9, 2026, followed by the completion of the formal rulemaking process.
Further reading
Find more updates on state labor laws in the California Employment section.
Source note: This article includes information reported by Business Insurance.
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