June 23, 1997

The Honorable Bill Lockyer
President pro Tempore
California State Senate
Sacramento, California 95814

Dear Senator:

This letter is in response to your correspondence of June 13, 1997 regarding my letter to Judge Mason at the Workers’ Compensation Appeals Board dated May 27, 1997. I will heed your suggestion and contact Senator Rainey’s district office this week in order to determine if Senator Rainey can offer any assistance.

I apologize for not being more succinct in relating my current situation. It has been determined by a therapist, Dr. Heckman, and a qualified medical examiner, Dr. Walser, that my injury meets the criteria for compensation under current Workers’ Compensation Law. Additionally, the doctor representing Liberty Mutual Insurance has determined that my injury is work related. Still, there are elements of my case that I am not qualified to address.

I am able to provide attorneys with documentation that is sufficient to determine the maximum fee that they are allowed under the law. I have spoken to numerous attorneys only to learn that my final compensation would not be sufficient to allow them adequate payment under the current law. I am not allowed to personally pay an attorney and Liberty Mutual Insurance in not obligated to reimburse my attorney. I have learned that the California Workers’ Compensation System denies legal representation to workers with valid cases when the complexity of the case precludes the payment of a reasonable fee to an attorney. Attorney fees are rigidly predetermined. It is my understanding that an attorney is entitled to 12% of the final "permanent and stationary" rating.

Is it Constitutional or fair for a legal system to provide full legal representation to an infinitely wealthy employer and deny a worker the right to adequately pay an attorney? It is my experience that the current system allows employers a free reign to abuse employees without fear of legal redress. How do you think the insurance industry would react if this situation were reversed? Employees need equal protection under the law. It appears as though this will require legislative remedy.

Thank you for your expressions of concern for my health and success. I have managed to maintain a mostly optimistic attitude throughout this ordeal.

Sincerely,

Charles R. Engel
Steward, Teamster Local 78

cc: The Honorable Richard K. Rainey, Senator, 7^th District

P.S. I have attached a copy of the June 11, 1997 letter from Judge Hamilton and a copy of my reply, dated June 23, 1997.

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