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The Workers' Compensation Appeals Board denied reconsideration of a decision that disallowed an applicant's attorney a fee for attending a defendant's deposition of a percipient witness. The Board found no statutory authority for such a fee, as Labor Code section 5710 only allows fees for deponents who are the injured employee or their dependent. The Board also rejected arguments to analogize the situation to other fee-granting statutes and clarified that attorney fees are generally not considered recoverable costs.
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The Workers' Compensation Appeals Board denied reconsideration of a decision that disallowed an applicant's attorney a fee for attending a defendant's deposition of a percipient witness. The Board found no statutory authority for such a fee, as Labor Code section 5710 only allows fees for deponents who are the injured employee or their dependent. The Board also rejected arguments to analogize the situation to other fee-granting statutes and clarified that attorney fees are generally not considered recoverable costs.
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