Labor code 5500.5 dismissal (California)

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Labor code 5500.5 dismissal (California)

Postby wcscout on Thu Feb 18, 2021 8:29 am

i am many years back in coverage, but a 5412 argument is being raised, is this impossible to get out of until a determination is made as to date of injury?
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Re: Labor code 5500.5 dismissal (California)

Postby 50Cal20 on Fri Feb 19, 2021 8:15 am

In your situation the whole purpose of the current defendant raising a 5412 argument is to shift potential liability to an earlier employer or insurance carrier. In order to shift liability by changing the date of injury the defendant must prove the employee was aware the ct injury was industrial and that it was disabling. If successful the legal date of injury will change to an earlier date and a new defendant will most likely be substituted in. Of course, the new defendant would then most likely raise a statute of limitations defense. So hang on for the ride ... you got a long way to go before you are out of this case. For now you can't do much but sit back and watch what happens.
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