WCCP 17 STATUTES OF LIMITATIONS, JURISDICTION, AND CIVIL REMEDIES IN CALIFORNIA WORKERS’ COMPENSATION


WORKERS’ COMPENSATION CLAIMS

Gain a sharper focus on critical aspects of the statutes of limitation and jurisdiction. Understand how an employer’s actions can negate the statute of limitations defense and confidently recognize the rules of law applicable to reopening workers’ compensation cases. Determine how to properly settle workers’ compensation cases that involve the claimant’s right to recover damages from negligent third parties.

Key Takeaways:

  • Understand the purpose of the statutes of limitations, required notices
  • Estoppel to Plead the Statute of Limitations: how an employer’s actions or non-actions can delay or negate the statute of limitations defense
  • Reopening cases: new and further disability, reopening for good cause, C&R, others
  • Jurisdiction: WCAB exclusive and concurrent, out of state, state v. state
  • Statutory exceptions to the exclusive remedy rule: overview; the four exceptions
  • Judicially recognized exceptions to the exclusive remedy rule: Four exceptions; the effect of a settlement
  • Civil remedies against others and subrogation: remedies permissible under the WC system; how subrogation works and overview of employer’s rights
  • Settlement and credit: how employee, employer, third-party settlements work in relation to workers’ compensation awards

Who should attend:

  • Workers’ compensation claims adjusters
  • Medical only claims adjusters
  • TPA / Self-insured claims personnel
  • Agent/Broker workers’ compensation claims staff
  • Legal professionals and staff

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