Chapter 5. Hearings - California Labor Code Section 5710

5710.  (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) If 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) One 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) If interpretation services are required because the injured
employee or deponent does not proficiently speak or understand the
English language, upon a request from either, the employer shall pay
for the services of 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 to be paid by the employer shall be
in accordance with the fee schedule adopted by the administrative
director and shall include any other deposition-related events as
permitted by the administrative director.

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Last modified: February 16, 2015