What the panel ordered
Petition for reconsideration granted; Findings and Order of July 2, 2024 rescinded; substituted findings that applicant is entitled to deposition attorney's fees; dismissal of ICW without prejudice does not bar fees; amount of fees deferred; matter returned to trial level for further proceedings.
Applicant sought reconsideration of the Findings and Order issued on July 2, 2024, which denied deposition attorney's fees; the WCJ had dismissed ICW as a party without prejudice on March 2, 2023; the Appeals Board granted reconsideration and rescinded the prior Findings and Order.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Appeals Board found that a finding of industrial injury is not a prerequisite to awarding deposition attorney's fees under Labor Code section 5710(b), and that the dismissal of ICW without prejudice does not bar the applicant's petition for such fees.
From the decision · page 7For the foregoing reasons, IT IS ORDERED that the Petition for Reconsideration of the Findings and Order issued on July 2, 2024 is GRANTED. IT IS FURTHER ORDERED, as the Decision After Reconsideration of the Workers' Compensation Appeals Board, that the Findings and Order issued on July 2, 2024 is RESCINDED and the following is SUBSTITUTED therefor: