Legal Question in Constitutional Law in California

I need a capable law firm to handle a denial of equal protection and due process by the WCAB involving the loss of subject matter jurisdiction over vocational rehabilitation by the WCAB after repeal of LC sec 139.5 pursuant to the Statutory Repeal Rule/GC sec 9606 and the WCAB making an order in 2011 regarding an alleged appeal of a rehabilitation unit determination and order dated 11-17-08l where the appeal was not within the WCAB records and files and the defendants do not have a conformed copy thereof, and the WCAB did not have the jurisdiction to make and then refused to allow me a trial to prove the order is null and void as a matter of law.

I have been denied a trial on the issues and the WCAB simply asserts its illegal order of 9-6-11 as the law of the case without any citation and authority for its making thee order.

The defendants only cited authority for their continued litigation of the unperfected incomplete appeal and for WCAB jurisdiction over the matter after repeal of the only statutory authority therefor being formed LC sec 139.5 and 4645(d) effective 1-1-09 is former LC sec 5502(b)(3) which was explicitly denied and rejected in the WCAB En Banc binding precedent cases of Weiner v Ralphs Co (2009) 74 CCC 736 (Weiner I) and 74 CCC 958 (Weiner II) which affirmed Weiner I , and Beverly Hilton Hotel v WCAB (2009) 179 Cal.App.4th 1597.

This case is not subject to the exclusive jurisdiction of the WCAB because VR is no longer "compensation" after repeal of LC sec 139..5. See LC sec 3207.

The facts herein are admitted and or irrefutable and the WCAB simply refuses to address the lack of subject matter jurisdiction and the irrefutable fact and matter of law that the WCAB panel order of 9-6-11 is void on its face and a nullity which is precisely why the WCAB refuses to address the issue in a trial and or on the record.

In a rel court with a real judge their absolute power and irrefutable tyranny will be exposed and dealt with.

I seek a deprivation of civil rights lawsuit and any and all remedy and relief allowed by law.

The damages involved include over 19 years of retroactive VRMA at the current max delay rate plus interest on the original D&O's dated 11-17-08. This is a seven figure amount.

H. David Watson


Asked on 11/22/15, 3:49 pm

1 Answer from Attorneys

Kelvin Green The Law Office of Kelvin Green

There are lots of conclusions here with little facts.... Orders from 2011 and 2008 not sure there is much jurisdiction....A civil rights lawsuit here... Too hard to say but 7 figures is way dubious

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Answered on 11/23/15, 2:21 am


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