Workers’ Compensation

Ca. Workers' Comp. Quarterly 2021, Vol. 34, No. 3

To Elect or Not to Elect—That Is the Question!



When the word election comes up, do you immediately think politics? That is the context many of us associate with the word. As the subject of this article, though, and for applicant attorneys, the term election has quite a different meaning. It refers to a seldom-used, often-misunderstood legal process in California workers’ compensation law. The process concerns an employee’s right to elect to proceed against one of the defendants in an individual workers’ compensation case. This article examines the what, how, why, and when of an employee’s right to make an election, including proper procedure, the legal and practical consequences of making an election, and strategies for you to carry one out.

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