Workers’ Compensation
Ca. Workers' Comp. Quarterly Vol. 35, No. 2, 2022
Content
- 2022 Workers' Compensation Special Recognition Awards
- In This Issue
- Note from the Editors
- PEOs: How to Prosecute and Defend Cases Involving Employee Leasing Agreements
- Practice Long and Prosper: A Manifesto for the Workers' Comp Community
- See's Candies v. Superior Court of California: Defining the Limits of the Exclusive Remedy Doctrine in Workers' Compensation
- The Manuel Case: Is Immigration Status Relevant to Liability in Civil Proceedings, Including Workers' Compensation?
- When Does a Court of Appeal Have Jurisdiction over a WCAB Decision?
- Workers' Compensation Section 2022-2023 EXECUTIVE COMMITTEE ROSTER
- Litigating Third Party Credits at the WCAB
Litigating Third Party Credits at the WCAB
CHRISTOPHER A. VIADRO, ESQ.
OAKLAND, CALIFORNIA
INTRODUCTION
Barring unusual circumstances, workers’ compensation benefits are available to an injured worker for an injury that arises out of and in the course of employment. (Lab. Code §3600.) While such benefits are ordinarily the exclusive remedy for an injured worker against their employer, the employee is not prohibited from bringing a lawsuit against any other person/entity that is at least partially responsible for causing the incident and injury. (Lab. Code §§3602(a), 3852.) Such other persons/entities are referred to as third parties, and a lawsuit against one is termed a third party lawsuit.