EXHIBIT P
WORKERS’ COMPENSATION APPEALS BOARD
STATE OF CALIFORNIA
CHARLES ENGEL
Applicant,
Vs.
UNITED PARCEL SERVICE: LIBERTY
MUTUAL INSURANCE COMPANY,
Defendant(s). |
Case No. WCK 33454
ORDER DENYING
PETITION FOR REMOVAL |
We have considered the allegations
of the Petition for Removal and the contents of the report of the workers’
compensation referee (WCR) with respect thereto. Based on our review of
the record, and as stated by the WCR in his report, the WCAB is without
power to declare a statute unconstitutional; the Board must comply with
the statute until an appellate court upholds a constitutional challenge.
(Greener v. Workers’ Comp. Appeals Bd.. (1983) 6 Cal.4th
1028, 58 Cal.Comp.Cases 783, 798.) On this basis, therefore, the Board will
deny removal.
For the foregoing reasons,
IT IS ORDERED that said Petition for Removal is DENIED.
I CONCUR,
DATED AND FILED IN SAN FRANCISCO, CALIFORNIA
JAN 20 1998
SERVICE MY MAIL ON SAID DATE TO ALL PARTIES LISTED
ON THE OFFICIAL ADDRESS RECORD EXCEPT LIEN CLAIMANTS.
mnl
SERVICE BY MAIL ON SAID DATE TO ALL PARTIES LISTED
ON
THE OFFICIAL ADDRESS RECORD EXCEPT LIEN CLAIMANTS.
mnl
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