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  January 28, 2008
  Source:  WorkInjury.com, C.I.A.W.
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Discovery Ok'd in WCAB Class Action Case
(Though Appeal Expected)

An interesting case is brewing at the Van Nuys WCAB. A class-action case!

Last month, WCJ Roger Tolman ruled that he had jurisdiction over a class-action lawsuit against 27 carriers and third party administrators accused of wrongfully and routinely denying benefits to applicants (which applicant's counsel expects to support, at least partly, via discovery of the Compliance Unit's audit records).

The suit seeks a Billion dollars in damages.

The case is Hablian v. Zurich U.S., et al. (VNO 0425788) and, although the judge ruled that discovery could now proceed, no one is expecting much to happen until the virtually-certain appeal of the judge's December ruling goes up the recon and appellate ladder.

Past attempts at class action suits before the WCAB haven't made it very far. This should certainly add - at least for a while - a little spice to the Wacky World of Workers' Compensation, California-style!

Stay tuned...

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