February 6, 2026 | SIBTF.org — The Division of Workers’ Compensation (DWC) has released draft regulations for attorney deposition fees, opening them for public comment as of January 26, 2026. The proposed guidelines aim to standardize how deposition fees are billed, documented, and reimbursed in California workers’ compensation cases. With deposition costs frequently a point of dispute, these updates are designed to bring clarity and fairness to both attorneys and claimants while reducing potential conflicts in medical-legal evaluations.
The draft regulations signal the DWC’s ongoing effort to ensure that billing practices reflect reasonable time, effort, and cost without overcharging or creating administrative confusion. Attorneys and medical-legal providers involved in workers’ compensation cases are likely to feel the impact, as the new rules emphasize compliance, transparency, and consistency in fee reporting.
What the Draft Guidelines Address
The DWC’s proposed rules clarify key aspects of deposition fee practices. Attorneys will be required to provide detailed documentation, including time spent preparing for and attending depositions. Payment timelines are clearly defined, aiming to ensure prompt reimbursement to attorneys and medical-legal providers. The guidelines also aim to prevent duplicate billing for the same deposition work, ensuring that fees are not claimed multiple times by different parties.
Additionally, the draft regulations define reasonable fee criteria based on deposition complexity, duration, and preparation requirements. By providing these standards, the DWC hopes to reduce disputes over fee calculations and create a more predictable framework for deposition-related billing. Attorneys will need to align their billing practices with the guidelines once finalized, which could require changes in invoicing, documentation, and fee structuring.
How These Changes Affect Attorneys and Claimants
For attorneys, the proposed guidelines will likely require adjustments in billing practices to comply with DWC standards. Failure to follow the new rules could result in delayed reimbursement or reductions in allowable fees. The regulations also provide a framework for dispute resolution when deposition fees are contested, potentially streamlining administrative review processes and minimizing litigation over billing.
Claimants may also see tangible benefits from the standardization of deposition fees. Clear guidelines reduce the likelihood of billing disputes, provide transparency in case costs, and ensure that legal expenses are more predictable. This can contribute to a smoother claims process, allowing medical-legal evaluations to proceed without administrative delays caused by fee disagreements.
The guidelines are particularly important in medical-legal contexts, where deposition costs can accumulate quickly and become a frequent source of contention. By establishing clear standards, the DWC seeks to protect both parties while ensuring that fees reflect actual work performed, rather than arbitrary or inconsistent billing practices.
Why Public Comment Is Crucial
The DWC has opened a public comment period for these draft regulations, inviting attorneys, medical providers, advocacy groups, and other stakeholders to provide input. Public feedback helps ensure that the rules are practical, equitable, and aligned with the realities of workers’ compensation case management. Stakeholder participation can influence final adjustments to fee criteria, documentation requirements, and reimbursement timelines.
Input from the public may also address nuances that impact both plaintiffs and defendants, ensuring that the final regulations maintain fairness across different types of workers’ compensation claims. This participatory approach underscores the DWC’s commitment to transparency and stakeholder engagement in shaping regulatory policy.
For those seeking further information or wanting to submit feedback, the DWC has posted the draft guidelines on its official website.
What Attorneys and Medical Providers Should Do Next
Attorneys and medical-legal providers should carefully review the draft guidelines to identify areas where current billing practices related to deposition fees may need adjustment. Maintaining accurate records of deposition preparation and attendance, tracking hours, and documenting work clearly will be critical once the rules are finalized. Providers should also monitor updates to ensure timely compliance with deposition fees standards and avoid potential reductions or delays in reimbursement.
For claimants, understanding the guidelines can help clarify case costs and expectations, making it easier to navigate deposition-related fees. Awareness of these rules may also help claimants and attorneys proactively avoid disputes over allowable charges.
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FAQs: About DWC Deposition Fee Guidelines
What are the new DWC deposition fee guidelines?
The guidelines define how attorney deposition fees should be calculated, documented, and reimbursed, emphasizing transparency, timely payment, and reasonable charges.
Who must follow these regulations?
All attorneys billing deposition fees in California workers’ compensation cases, along with medical-legal providers involved in deposition activities, must comply with the finalized rules.
When will the guidelines take effect?
Currently, they are in draft form for public comment. The DWC will review feedback and finalize the regulations, at which point compliance will be required.
Why is public feedback important?
Public commentary ensures that the regulations are practical, fair, and aligned with real-world practices in medical-legal and workers’ compensation cases.