CHARLES EDWARD CLARK Attorney at Law 225 S. Lake Ave. Suite 300 Pasadena, CA (626)

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1 CHARLES EDWARD CLARK Attorney at Law 225 S. Lake Ave. Suite 300 Pasadena, CA (626) January 6, 2016 California Supreme Court Chief Justice Tani Cantil-Sakauye 350 McAllister Street San Francisco, California RE: Case Name: Stevens v. WCAB (Outspoken Enterprises) Supreme Court Case No.: S Court of Appeals Case No.: A WCAB Case No.: ADJ Dear Chief Justice Cantil-Sakauye: This concerns the Petition for Review recently filed in the captioned matter by Petitioner Frances Stevens. As background, I represent Voters Injured At Work (VIAW) along with Charles Rondeau and we filed an amicus brief in the captioned Stevens case. I also represent California Society of Industrial Medicine and Surgery Inc (CSIMS) in Ramirez v WCAB Case # C which is in the 3 rd District Court of Appeals and which covers the constitutionality of the Labor Code sections at issue in Stevens. VIAW is a state wide non-profit political organization of injured California workers and their families established for the purpose of protecting and enforcing California s constitutional guarantee of a fair and adequate system of compensating workers and their dependents for injury and disability arising from work-related injuries. 1

2 CSIMS is a professional organization whose members are physicians and other medical providers whose purpose is to improve the workers compensation system in California; to increase the public s awareness of the role of medicine in the workers compensation system; to promote health and safety; to provide continuing education in the field of industrial medicine; and to set standards of professional conduct for those in the system. CSIMS, through its representatives, has appeared as amicus curiae before other Courts of Appeal and Supreme Court in the matters of: Valdez v. WCAB (2013) 57 Cal. 4th 1231; [164 Cal. Rptr. 3d 184; 78 Cal. Comp. Cases 1209]Milpitas Unified School District v. W.C.A.B. (Guzman) (2010) 187 Cal. App. 4th 808; [115 Cal. Rptr. 3d 112; 75 Cal. Comp. Cases 837.];State Comp. Insurance Fund v. W.C.A.B. (Almaraz),(2011) Cal. App. 5th Dist. 2011; [2011 Cal. Wrk. Comp. LEXIS 88, 76 Cal. Comp. Cases 687, review denied.]; State Compensation Insurance Fund v. W.C.A.B. (Sandhagen), (2008) 44 Cal. 4th 230; [79 Cal. Rptr. 3d 171, 73 Cal. Comp. Cases 981], among many other of the most important cases in the field of Workers Compensation law. Currently, you have before the Supreme Court Gerawan Farming v Agricultural Labor Relations Board (United Farm Workers of America) Case # S Both Gerawan and Stevens in my opinion share a similar point of constitutional law which is whether there was an unconstitutional delegation of legislative authority without adequate safeguards. We urge you to grant Petitioner Frances Stevens Petition for Review to address this issue in both cases to insure a complete and harmonious resolution. Moreover, the Labor Code section in issue affects thousands of injured workers, employers, and insurers throughout the state and it is urgent that the Court resolve its constitutionality. 2

3 Thank you for your attention to the above. If you have any questions, please do not hesitate to call me. Sincerely yours, CHARLES EDWARD CLARK (SBN 86099) CEC: n/s 3

4 State of California ) County of Los Angeles ) Proof of Service by:./ US Postal Service Federal Express ) I, Kirstin Largent, declare that I am not a party to the action, am over 18 years of age and my business address is: 631 S Olive Street, Suite 600, Los Angeles, California On 1/6/2016 declarant served the within: Letter Brief upon: FedEx./ USPS To Each on Attached Service 2 FedEx./ USPS WORKERS' COMPENSATION APPEALS BOARD P.O. Box San Francisco, California Respondent FedEx USPS Electronically Served on the First Appellate District, Division One FedEx USPS Electronically Submitted on the SUPREME COURT OF CALIFORNIA, the address( es) designated by said attorney(s) for that purpose by depositing the number of copies indicated above, of same, enclosed in a postpaid properly addressed wrapper in a Post Office Mail Depository, under the exclusive custody and care of the United States Postal Service, within the State of California, or properly addressed wrapper in an Federal Express Official Depository, under the exclusive custody and care of Federal Express, within the State of California I further declare that this same day the original and copies has/have been hand delivered for filing OR the original and 8 copies has/have been filed by./ third party commercial carrier for next business day delivery to: Office of the Clerk SUPREME COURT OF CALIFORNIA 350 McAllister Street, Room 1295 San Francisco, California ing is true and correct:

5 SERVICE LIST Joseph C. Waxman, Esq. LAW OFFICES OF JOSEPH C. WAXMAN 220 Montgomery Street, Suite 905 San Francisco, California Yvonne Marie Hauscarriague, Esq. ATTORNEY AT LAW 1515 Clay Street, 18th Floor Oakland, California Attorney for Petitioner, Frances Stevens The Acting Administrative Director Division of Workers' Compensation William LeRoy Anderson, Esq. Darren P. Wong. Esq. STATE COMPENSATION INSURANCE FUND 2275 Gateway Oaks Drive, Suite 200 Sacramento, California Christopher Gary Jagard, Esq. Kim E. Card, Esq. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS 1515 Clay Street, Suite 701 Oakland, California Outspoken Enterprises I State Compensation Insurance Fund The Acting Administrative Director Division of Workers' Compensation David M. Goi, Esq. STATE COMPENSATION INSURANCE FUND 5880 Owens Drive Pleasanton, CA Charles R. Rondeau THE RONDEAU LAW FIRM 400 Continental Boulevard, Suite 600 El Segundo California Outspoken Enterprises I State Compensation Insurance Fund Attorney for Amicus Curiae in Court ofappeal Joseph V. Capurro, Esq. THE LAW OFFICE OF JOSEPH V. CAPURRO 300 South First Street, Suite 245 San Jose, California Michael A. Marks, Esq. LAW OFFICES OF ALL WEISS & MCMURTRY Ventura Boulevard, Suite 500 Tarzana, California Attorney for Amicus Curiae in Court ofappeal California Applicants' Attorneys Association Attorney for Amicus Curiae in Court ofappeal California Workers' Compensation Institute & Property and Casualty Insurers Association of America

6 Theodore Allan Penny, Esq. Melinda M. Carrido, Esq. HAIGHT BROWN & BONESTEEL LLP 555 South Flower Street, 45th Floor Los Angeles, California Attorneys for Amicus Curiae in Court of Appeal California Chamber of Commerce David Philip Mastagni, Esq. MASTAGNI HOLSTEDT 1912 I Street Sacramento, California Attorney for Amicus Curiae in Court of Appeal Sonoma County Law Enforcement Association