Bill Lockyer
President Pro Tempore

June 13, 1997

Charles Engel
Walnut Creek, CA 94596

Dear Mr. Engel:

I am writing with regard to your letter addressed to Judge George Mason relating to your current situation with the Worker’ Compensation Appeals Board.

As you probably know, the 1993 changes in the workers compensation law did not change the amount or the method for compensating attorneys, but they did set new standards for proving claims of psychiatric injuries ("stress cases") which have resulted in making it more difficult for such claims to succeed. Of course this means that attorneys are less likely to take such cases because they can only be paid if the worker receives some benefit.

I regret to say that it seems very unlikely that the standards for proving compensability for psychiatric injury in the workplace will soon be changed, especially as long as Pete Wilson is Governor. In fact, we in the Legislature have been repeatedly confronted with proposals by employers to apply the same tough standards to physical injuries and illnesses, and we have repeatedly rejected these proposals.

As a result of the 1993 changes, California’s law on compensating stress cases is now the same as the law in most states, and while it is more difficult to prove eligibility, it is not impossible, and I hope that you will be successful in finding an able representative to help you.

Most importantly, I hope that you will completely recover from any injury and be able to work at your full capabilities soon.

I note that you have provided a copy of your correspondence to Senator Rainey. You may also wish to contact his district office for assistance in finding a representative.

Best wishes to you for better health and much success.

Sincerely,

BILL LOCKYER
President pro Tempore
California State Senate

BL:ab

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