Section 10547 - Petition for Labor Code Section 5710 Attorney's Fees(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).(b) The caption of the petition shall identify it as a "Petition for Attorney's Fees Pursuant to Labor Code Section 5710."(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.(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) A copy of the written demand, together with a copy of the proof of service;(2) A copy of the response, if any;(3) A proof of service showing service on the injured worker and the defendant alleged to be liable for paying the fees; and(e) Failure to comply with subdivisions (c) and (d)(1)-(3) of this rule shall constitute a valid ground for dismissing the petition.(f) The petition shall contain the name of the attorney who attended the deposition along with the attorney's State Bar number.Cal. Code Regs. Tit. 8, § 10547
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). Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 4600, 4903 et seq., 5710, 5811 and 5813, Labor Code.
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).