Litigating Third Party Credits at the WCAB
CHRISTOPHER A. VIADRO, ESQ.
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.