The Honorable George W. Mason
Presiding Judge
WORKERS’ COMPENSATION APPEALS BOARD
175 Lennon Lane
Walnut Creek, California 94596-6101

Re: WCAB CASE NBR: WCK 0033454

Dear Judge Mason:

I am writing this letter in order to bring my current situation to your attention. In my letter to the attorney for the defendants, dated 4-25-97 (copy attached), I cited a number of questionable violations of the Labor Code as well as procedural gaffes apparently committed by Liberty Mutual. At this time, I am overwhelmed by the complexity of the Labor Code and the additional procedural steps that I am expected to take in order to represent myself.

I have spoken to numerous attorney’s to no avail. I have learned that the California Workers’ Compensation System has been changed in a way that denies legal representation to workers with valid stress cases when the complexity of the case precludes the payment of a reasonable fee to an attorney even if the case is won. This is a serious flaw. I have a letter from one attorney, dated 5-7-97 (copy attached), who has advised me that I can blame Governor Wilson and the insurance industry for the 1993 changes in the law that have brought about this situation. A person would have to be intentionally blind in order to not see the problem. Fees are computed in such a way that it is economically unfeasible for an attorney to defend me. I am not allowed to hire an attorney at my own expense and the defendants are not obligated to provide me with one. How can I secure an attorney if the current system doesn’t provide a means for me to pay one? My employer, United Parcel Service, is entitled, under current law, to any and all legal representation that is deemed necessary and that they can afford. I am not

Judge Mason

May 27, 1997

Page 2

getting equal protection under the law. Is this a violation of my constitutional or legal rights? What is my remedy?

I am a blue collar worker. Blue collar workers are among the least educated and most often injured members of our society. It is the least educated that society most often takes advantage of. The fore mentioned circumstances make it possible for corporations to use the Workers’ Compensation System as a viable tool to mete out additional punishment to employees that are already suffering from symptoms of work related stress. The whole situation with workers’ compensation has further exasperated my stress problem.

Please consider this letter to be a formal request that you provide me with a final determination as to whether or not I have a tangible right to legal representation.

Respectfully,

Charles R. Engel
Steward, Teamster Local 78

cc:
The Honorable Richard K. Rainey, Senator, 7^th District
The Honorable Lynn Leach, Assemblymember 15^th District
The Honorable Bill Lockyer, President Pro-Tem, Workers’ Compensation Joint Committee
The Honorable Steve Peace, Senator, 40^th District, Co-Chairman Workers’ Compensation Joint Committee
The Honorable Martin Gallegos, Assemblymember, 57^th District, Co-Chairman
Workers’ Compensation Joint Committee
The Honorable Liz Figueroa, Assemblymember, 20^th District, Workers’
Compensation Joint Committee
The Honorable Michael Sweeney, Assemblymember, 18^th District
The Honorable Christopher Hamilton, Workers’ Compensation Judge
Ron Carey, General President, International Brotherhood of Teamsters
Dan Varela, Business Agent, Teamster Local 78

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