WCAB

99 Cents Only Stores v. Workers' Compensation Appeals Board

Good Law

2000 Cal. App. LEXIS 357·2000 Daily Journal DAR 4699·80 Cal. App. 4th 644·95 Cal. Rptr. 2d 569·65 Cal. Comp. Cases 456

Court of Appeal of CaliforniaMay 3, 2000B133156California2,655 words

Opinion

Vogel, J.

Introduction

The Workers’ Compensation Appeals Board (WCAB) awarded attorney’s fees to a law firm for representation of an injured worker at a deposition by an unlicensed “hearing representative.” The petitioner and employer, 99 Cents Only Stores (Stores), contends the fees awarded were not based on substantial evidence and were excessive. We agree and reverse, and further find that such fees are subject to the same guidelines as for attorneys.

Facts

Edy Arriaga, a forklift operator, sustained an admitted crush injury to his right hand at work on August 29, 1997. Sometime thereafter, Arriaga retained the law firm of Hinden, Grueskin & Aguirre for his workers’ compensation claim.

On July 21, 1998, Stores deposed Arriaga. Subsequently, the law firm filed a petition to obtain deposition attorney’s fees under section 5710. Section 5710, subdivision (b) allows the WCAB to award the injured worker deposition attorney’s fees and states in relevant part, “Where the employer or insurance carrier requests a deposition to be taken of an injured employee . . . the deponent is entitled to receive in addition to all other benefits: [¶] . . . [¶] (4) A reasonable allowance for…

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