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Case Name | Lett vs. LACMTA; Travelers | |
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Date | 03/05/2004 | |
Note | Payment of attorney fees under LC 5710 is not dependent on applicant signing the transcript. | |
Citation | 68 CCC 250 ; Panel | |
WCC Citation | WCC 29742004 CA |
Defendant apparently had no objection as to the monetary amount of the fee requested. Labor Code section 5710 requires only that the employer or insurance carrier requests a deposition be taken of the injured worker. Furthermore, this defendant's reliance on People v. Post (2001) 94 Cal. App. 4th 467, 66 Cal. Comp. Cases 1503 is completely misplaced. In addition, defendant has failed to show how it is prejudiced in any way by the applicant's failure to sign his deposition. This is because under Penal Code section 124, a conviction for perjury requires that the deponent execute his or her deposition transcript.
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