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An attorney representing a Southern California automobile dealership in a discriminatory-action case charges that the Workers' Compensation Appeals Board acts in secrecy and is to blame for a late filing for reconsideration. Attorney Rob Bekken told WorkCompCentral that one reason he filed a writ of review with the California 2nd District Court of Appeal is that the WCAB panel in San Francisco doesn't list its address where petitions for reconsideration of board decisions can be...

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“This was a good article, but I'd like to clarify some procedural issues. The parties agreed to begin with the issue of business necessity, on the presumption that I'd met the prima facie case of discrimination. Judge Harvey found that the employer had business necessity for the termination on 9/21/03. I filed a Petition for Reconsideration contending that they did not have business necessity. The WCAB reversed the Judge and remanded it back to take testimony on the prima facie case. Trial was conducted again, with Robert Olsen as the only witness. On March 1, 2006, Judge Harvey concluded, again, that the defendant had met its burden of business necessity. The WCAB reversed the decision on May 2, 2006, stating that the defendant had not met its burden of business necessity. The defendant filed a Petition for Recon from the WCAB decision on May 30, 2006 at the District Office. (The 25th day was a holiday.) They failed to serve the Petition on me -- using an ancient address, even though mail from them came to the correct address. When the document was returned, they did not re-serve it on me, but it remained in the file. I learned of its existence from the Pomona wCAB. The Petition is clearly stamped "DISTRICT." The minute I saw that, I asked the defendant to send me a proof of service with the WCAB address and they never did. At the time the Petition had been returned to them stamped DISTRICT, they could still have taken a Writ directly to the Court of Appeal. There was an option to file a writ (45 days) or a Petition for Reconsideration from a Board decision. (By the time the Petition was denied, they could no longer do so.) The defendant then filed the Writ at the Fourth District Court of Appeal in Orange County -- though the dealership is in El Monte, the WCAB is in Pomona and the applicant lives in Riverside. Orange County had no nexus to the action at all. The Writ was transferred to the 2nd District after I sent in my Answer pointing out the error and they filed a Petition at the Supreme Court. I'd just like to know --- Would the 8 workers' compensation attorneys who didn't know how to find the San Francisco Appeals Board please identify themselves? And will someone take a picture of the San Francisco District office's sign saying that they are the wrong place for an Appeals Board petition? Is there a directory at the San Francisco WCAB? I'd rather not have to go to San Francisco myself....”
By: Susan Silberman, 12/14/2006 03:43:13 pm

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