1. (a) A petition for attorney's fees pursuant to Labor Code section 5710 is a petition seeking attorney fees for representation of the applicant at a deposition allowable under Labor Code section 5710(b) as well as any other benefits listed under Labor Code section 5710(b)(1)-(5).
2. (b) The caption of the petition shall identify it as a “Petition for Attorney's Fees Pursuant to Labor Code Section 5710.”
3. (c) A petition for attorney's fees pursuant to Labor Code section 5710 shall be verified upon oath in the manner required for verified pleadings in courts of record.

4. (d) A petition for attorney's fees pursuant to Labor Code section 5710 shall not be filed or served until at least 30 days after a written demand for the fees has been served on the defendant(s). The petition shall append:

   1. (1) A copy of the written demand, together with a copy of the proof of service;
   2. (2) A copy of the response, if any;
   3. (3) A proof of service showing service on the injured worker and the defendant alleged to be liable for paying the fees; and
5. (e) Failure to comply with subdivisions (c) and (d)(1)-(3) of this rule shall constitute a valid ground for dismissing the petition.
6. (f) The petition shall contain the name of the attorney who attended the deposition along with the attorney's State Bar number.

Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 4600, 4903 et seq., 5710, 5811 and 5813, Labor Code.

History

1. New section filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).