Chorn v. Workers Comp. Appeals Bd.
Annotate this CasePetitioners seek a writ of mandate enjoining WCAB from enforcing two recently enacted provisions of the Labor Code, sections 4903.05 and 4903.8. Petitioners contend that section 4903.05, which imposes a filing fee of $150 on certain medical liens filed in workers’ compensation cases, deprives them of their state constitutional rights to due process, equal protection, and petition for redress of grievances. Petitioners also contend that section 4903.8, which restricts payment of lien awards to individuals other than those who incurred the expenses, substantially impairs their constitutional right to contract. Petitioners argue that both statutes contravene the constitutional mandate that workers’ compensation laws “accomplish substantial justice in all cases expeditiously, inexpensively, and without any incumbrance of any character.” The court concluded that petitioners Kalestian, Vounov, and Buie lack standing to obtain the writ relief they request; the challenged provisions of sections 4903.05 and 4903.8 do not violate any of the constitutional provisions identified in the petition; and, therefore, the court dismissed the petition as to petitioners Kalestian, Vounov, and Buie and denied the petition as to petitioner Chorn.
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