This case arises out of an alleged injury to a car washer’s psyche on or about July 15, 1996, while employed by United Parcel Service, insured by Liberty Mutual Insurance Company. Proceedings on various motions were delayed in this case in order to give applicant an opportunity to obtain counsel to represent him. He has so far been unsuccessful.

At a recent hearing on those motions, applicant moved to declare unconstitutional the Labor Code sections and other provisions governing workers’ compensation which have the effect of not enabling him to obtain counsel to represent him. He was advised that a workers’ compensation judge doesn’t have power to declare those provisions unconstitutional.

Applicant has now filed a petition for removal, seeking to bring those constitutional questions before the Appeals Board.

 ll DISCUSSION

Although the Appeals Board doesn’t have the power to declare statutes unconstitutional either, at least applicant’s petition may be the appropriate first procedural step to allow him to address his claims to the courts. It should be within the purview of the Appeals Board to comment further on the issues applicant is raising.

 

 lll. RECOMMENDATION

GEORGE W. MASON, JR., PRESIDING
WORKERS’ COMPENSATION JUDGE

CEH:wmb

FILED AND SERVED ON: OCT. 22 1997

Charles Engel, Walnut Creek, CA 94596
Law Offices of B. Sue Ward, 525 Market Street, #2320, San Francisco, CA 94105

By: W. Brooks

Back to Writ List