Case Law Database

JAMIE MASON vs. RIDE OUT HOSPITAL, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Rideout Hospital's petition for reconsideration, upholding the administrative law judge's award of a $\$1,200.00$ deposition fee to applicant's counsel. The Board agreed with the judge that the defendant failed to prove fraud, which would be required to deny fees under Labor Code section 5710. The defendant's arguments regarding lack of justification for fees and failure to file a formal petition were rejected. The Board clarified that the defendant can pursue restitution of the fee later if fraud is successfully proven.