Jackson, Summer

Applicant Summer Jackson sought reconsideration of a July 2, 2024 Findings and Order denying her petition for deposition attorney's fees under Labor Code section 5710(b). The WCJ had denied the fees because applicant failed to prove she was employed by Infinity Care of East Los Angeles (insured by ICW), which had been dismissed from the case without prejudice; her actual employer was Infiniti Health LLC (insured by State Fund), with whom she settled by C&R on August 3, 2023. The Appeals Board granted reconsideration, holding that under Mitchell v. Golden Eagle Insurance, a finding of industrial injury or employment is not a prerequisite to awarding deposition attorney's fees. The Board found the WCJ's denial lacked substantive legal support and that the without-prejudice dismissal of ICW did not bar the fee petition. The Board rescinded the F&O, substituted findings that applicant is entitled to section 5710(b) fees, and deferred the issue of the amount, remanding for development of the record.