Paying For The UNREASONABLE Journey

by Dave Jones-Landy, Esq. (September 12, 2012)

I recently came up against a novel issue of handling travel expenses for transporting a southern California applicant to be deposed in San Francisco. For whatever reason, applicant, who lives and works in Southern California, selected counsel located in San Francisco. Accordingly, her claim was venued at the San Francisco WCAB and had been proceeding in that venue for around eight months when the file came to B&B.

In setting applicant’s deposition, our office was of course asked to arrange for the applicant’s transportation to her San Francisco attorney’s office for the proceeding. This raised an issue for my client: why we were on the hook for transportation costs from Southern California to Northern California when there are plenty of workers’ comp attorneys in Southern California who could represent applicant?

While my gut told me we were responsible for covering transportation costs for the deposition, I could not readily recite the applicable code and/or regulatory sections that applied, so I did some research. What I found was as follows: