John Lett

Applicant John Lett's deposition was taken at defendant's request on May 9, 2003. The WCJ issued a conditional order allowing applicant's counsel $416.60 in deposition attorney's fees under Labor Code section 5710. Defendant objected, arguing it was an abuse of discretion to award fees when the applicant had not signed and delivered the deposition transcript, and raised public policy concerns about workers' compensation fraud. The WCAB granted reconsideration and affirmed the WCJ, holding that section 5710 contains no requirement that a deponent sign the deposition transcript as a condition precedent to awarding reasonable attorney's fees. The Board found no legal or public policy basis for conditioning fees on signature and no abuse of discretion.