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 is 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/or insurance company yet 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.

I would like to make a motion and/or request that those portions of the California State Workers’ Compensation Law, that deny me an equal right to adequately pay an attorney, be struck and declared unconstitutional. This practice is in violation of my Civil Rights under the 14^th Amendment to the United States Constitution.

Additionally I request a continuance of my case until this issue has been formally resolved.

Charles R. Engel
October 15, 1997
Case #WCK 0033454

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