Longval

In this workers’ compensation proceeding, we granted the applicant representative’s petition for a writ of review to decide whether 1991 amendments to Labor Code sections 4903, subdivision (a), and 5710, subdivision (b)(4), are unconstitutional for allowing fee awards only to licensed attorneys and disallowing fees to nonattomey representatives. We conclude the sections are rationally related to the state’s purpose in eliminating fraudulent compensation claims. We also decide “licensed attorney” is limited to members of the State Bar of California. Accordingly we deny the petition.

Factual and Procedural Background

M. J. Longval (Longval) represents applicants for workers’ compensation benefits before the Workers’ Compensation Appeals Board (WCAB). Longval is not licensed to practice law in California but declares he is a member of the North Carolina State Bar and an inactive member of the bar in the Territory of Guam.

Beginning in 1993, Longval represented auto body repairman Luis Chavez, seeking benefits for a back injury (Chavez v. Workers’ Comp. Appeals Bd., 1993, WCAB No. SDO 193104). On July 17, 1995, the workers’ compensation judge (WCJ) awarded Chavez benefits…