October 18, 1997

The Honorable Lynne Leach
Assemblywoman, 15^th District
800 South Broadway, Suite 304
Walnut Creek, California 94598

RE: IS WORKERS COMP. IN VIOLATION OF THE 14^TH AMENDMENT TO THE
U. S. CONSTITUTION?

Dear Assemblywoman Leach:

This letter is in further reference to the documentation binder that I left in your office in June. I have attached a copy of the petition that I recently filed with the Workers’ Compensation Appeals Board addressing the fact that Workers Compensation Law appears to be in violation of the 14^th Amendment to the United States Constitution.

I have filed this petition under the directions of Judge Christopher E. Hamilton at the Walnut Creek office of the WCAB. I posed the question to Judge Hamilton during a law and motion hearing on October 7, 1997. Judge Hamilton advised me that he was not authorized to answer this question and a petition (attached) would have to be submitted to the Walnut Creek office of the WCAB to be reviewed and forwarded to the WCAB Reconsideration Board in San Francisco. In addition, Judge Hamilton has informed the attorney for United Parcel Service and Liberty Mutual Insurance that my case is precedent setting and will define the meaning of legal, nondiscriminatory and good faith action in the context of stress cases brought before the WCAB.

The attached Summary of Hearing is in reference to the Subpoena Duces Tecum of March 6, 1997 that I served on United Parcel Service and Liberty Mutual Insurance relevant to my case. The referred to subpoena will be found in the previously mentioned document binder.

My motion to declare unconstitutional the Labor Code sections and other provisions governing workers’ compensation, which result in my not being able to obtain an attorney, is addressed at the beginning of Summary of Hearing document.

Regardless of the decision of the Workers’ Compensation Board or the courts, legislative remedy is absolutely necessary to even the playing field.

Sincerely,

Charles R. Engel
Steward, Teamster Local 78

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