The WCAB denied defendant Safety National Casualty Company's petition for reconsideration challenging an award of attorney's fees for deposition representation by a non-attorney hearing representative. Applicant Ana Flores sustained injury on November 20, 2017, to multiple body parts. At her July 21, 2021 deposition, she was represented by Jesse Lemus, a hearing representative working under the supervision of licensed attorneys at Prusak, Welch & Avila. The WCJ awarded deposition fees at $300 per hour pursuant to Labor Code section 5710(b)(4), and the Board affirmed, finding that the statute permits payment of fees for services rendered by non-attorney representatives when paid to the supervising law firm and when the injured worker is represented by a licensed attorney. The Board relied on 99 Cents Only Stores v. WCAB (Arriaga) and affirmed the WCJ's discretionary fee determination.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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