Legal Question in Workers Comp in California

I know someone who has filed 10 labor code 132 (a)'s against his present employer. The employer's attorney siled a motion for him to be named as a vexacious litigant.

First of all how much authority does the WCAB have to do that. They are more ministerial and Judicial. The attorney is citing ccp 391:

(2) A party or lien claimant who, while acting in propria persona in proceedings before the Workers' Compensation Appeals Board, repeatedly files unmeritorious motions, pleadings, or other papers, repeatedly conducts or attempts to conduct unnecessary discovery, or repeatedly engages in other tactics that are in bad faith, are frivolous, or are solely intended to cause harassment or unnecessary delay; or

I have aright to defend myself. Their is no award in the matter. I have filed various motions, but he has exceededly objected to everything.

How do argue that I have aright to due process and what are the chances in an Administrative court


Asked on 10/24/09, 10:34 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Why do you say you know someone when it is yourself? How could the employer on ten different occasions discriminate against you because of an industrial injury? You are going to come across as being vexacious.

CCP 391 does not mention WCAB matters and should only deal with civil lawsuits and not administrative complaints or WCAB cases. Moreover, you have to have lost the prior matters to fall within 391. The WCAB does not have a law and motion practice so I do not understand how any of this would come before them.

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Answered on 10/30/09, 2:02 am


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