Home/Case Law/Olga Garau vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, legally uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, adjusting agency
Regular Decision

Olga Garau vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, legally uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, adjusting agency

Filed: Jan 20, 2012
ADJ7463348

CompFox AI Summary

Applicant Olga Garau petitioned for removal of her case, alleging that assigned workers' compensation judges (WCJs) could not lawfully act as they were not active members of the California Bar. The Appeals Board denied the petition, adopting the WCJ's report and recommendation. The Board clarified that Labor Code section 123.5 requires WCJs to be licensed attorneys and maintain State Bar membership, which includes inactive members. Therefore, the applicant's allegations regarding the judges' qualifications were unsubstantiated, and the petition was denied.

Full Decision Text1 Pages

Applicant Olga Garau petitioned for removal of her case, alleging that assigned workers' compensation judges (WCJs) could not lawfully act as they were not active members of the California Bar. The Appeals Board denied the petition, adopting the WCJ's report and recommendation. The Board clarified that Labor Code section 123.5 requires WCJs to be licensed attorneys and maintain State Bar membership, which includes inactive members. Therefore, the applicant's allegations regarding the judges' qualifications were unsubstantiated, and the petition was denied.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

Olga Garau vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, legally uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, adjusting agency (2012) – | CompFox