January 11, 1998

The Honorable Rick Dietrich
Judge
WORKERS COMPENSATION APPEALS BOARD
45 Fremont Street
San Francisco, California 94105
Chairman: 1-415-975-0777
Information: 1-415-975-2000

Re: WCAB Case No. WCK 33454

Dear Judge Dietrich:

This letter is in reference to our conversation of January 6, 1998. It is my understanding that the December 23, 1997(corrected from December 29, 1997) order-denying petition for removal of my case from the WCAB calendar in Walnut Creek has been cancelled pending a full review by the WCAB in San Francisco. It is also my understanding that the forty five-(45) day grace period during which I can file in Court will not commence until after a decision has been rendered.

It appears that this decision was made because the order to deny my petition was erroneously based on a recommendation attributed to the report from Judge George W. Mason, Jr., Presiding Workers’ Compensation Judge in Walnut Creek, dated October 22, 1997. It was noted that Judge Mason did not make the fore mentioned recommendation in his report and the order denying petition for removal was in error.

Please consider this letter to be a formal request for a written clarification of the factors that led to the flawed denial.

Sincerely,

Charles R. Engel

cc:
Judge George W. Mason, WCAB, Walnut Creek
Judge Christopher Hamilton, WCAB, Walnut Creek
Law Offices of B. Sue Ward
http://www.thesteward.net/

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