No. 18-9337

Ronnie Barnes v. Workers' Compensation Appeals Board, et al.

Lower Court: Ninth Circuit
Docketed: 2019-05-17
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: administrative-law anatomical-definition anatomy back-injury civil-procedure constitutional-law constitutional-rights disability-rating due-process neck-injury permanent-disability-rating statutory-interpretation workers-compensation workers-compensation-act
Key Terms:
DueProcess
Latest Conference: 2019-11-15 (distributed 2 times)
Question Presented (AI Summary)

Does the term 'Back' as used in the Award of June 01,1982 include petitioner's neck?

Question Presented (from Petition)

questions presented they are as follows: 1. Does the term Back as used in the Award of June 01,1982 include petitioners neck_ . (a). | Was the ruling of the WCAB (Board ‘s) On, Nov. 2,2017, denying . appellants petition for reconsideration, of Sept. 15, 2017. affirming Finding of fact . of Judge Marshall, dated Sept. 12,2017, that Order by WCJ Joel Gray of 06/01/1982 award, did not include his neck as a body part injured in his 03/12/1981 industrial injury? (App.D. pg16. (a & b)). In direct conflict with the Permanent Disability Rating code .used in listing ; which parts of petitioners body injured in his 03/12/1981 accident. In April 28,1982 rating code 18.1 . (App. F.pg 18 .(a) (b) Does the permanent disability rating code 18.1. used to identify one of petitioners . petitioners injured body parts as, neck, spine , and pelvis. For his 03/12/1981 : injury, and used in April 28,1982. rating, and referred to in the award of 06/01/1982. as Back ,the same as , defined by Donald Gray’s Pocket Atlas of Anatomy..App pgl (c). Is the Term Back used by WCJ Joel Gray, and as defined as Back in . Donald Grays Pocket Atlas of Anatomy of Human as the posterior part of the trunk, from the Neck to pelvis. (does the word back as used . (App. H_pg 20 (a) ) in the award of 06/01/1982 include petitioners; neck spine and pelvis ? and Rating / Code 18. listing neck, spine, and pelvis in its’ 04/28/1982 ratings which was used by WCJ Joel Gray in his Orders of June 01,1982 & January 26, 1984 ( does back mean back ) Or does Back mean low back as claimed by State Compensation Insurance Fun (A I pg.21 (a¢) 2. Was petitioners’ Petition Writ of Review filed, Dec. 22,2017 , protected by CCP 1013 (a)? il ‘ , (a) Whereas WCAB’S notice denying appellants petition for reconsideration was mailed Nov.02,2017, (App. C pg 15 (a) ) (b) CCP.1013(a): states, “ the time to respond shall add five days to all notices or other papers as prescribe by statute or rule of court, is mailed . “ 3. Does the Order of the United States Court of Appeal for The Ninth Circuit Affirming the District ‘s Judgment,_Violate Petitioners’ rights that are guaranteed him in_the 5" and 14" Amendments to the U. S. Constitution to Due Process of Law?_

Docket Entries

2019-11-18
Petition DENIED.
2019-10-31
DISTRIBUTED for Conference of 11/15/2019.
2019-10-28
Petitioner complied with order of October 7, 2019..
2019-10-07
The motion of petitioner for leave to proceed in forma pauperis is denied. Petitioner is allowed until October 28, 2019, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
2019-07-05
DISTRIBUTED for Conference of 10/1/2019.
2019-06-13
Waiver of right of respondents Employment Development Department, et al. to respond filed.
2019-06-05
Waiver of right of respondent California Workers' Compensation Appeals Board to respond filed.
2019-05-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 17, 2019)

Attorneys

California Workers' Compensation Appeals Board
Allison J. FairchildCalifornia Workers' Compensation Appeals Board, Respondent
Allison J. FairchildCalifornia Workers' Compensation Appeals Board, Respondent
Employment Development Department, et al.
Lisa A. StolzyState Compensation Insurance Fund, Respondent
Lisa A. StolzyState Compensation Insurance Fund, Respondent
Ronnie Barnes
Ronnie Barnes — Petitioner
Ronnie Barnes — Petitioner