Pleadings and CT (California)

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Pleadings and CT (California)

Postby lacompfun on Fri Nov 24, 2017 2:30 pm

Scenario:

1. AA pleads CT only last year of employment . Applicant ten year EE.

2. It looks like a fair amount of the applicants problems started in year two not year ten.

Question:

1. How does the CT terminal defendant bring in the defendant who had coverage year two when the CT is plead only for the last year?
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Re: Pleadings and CT (California)

Postby steve appell on Sat Nov 25, 2017 12:27 pm

The simple answer to your question is "with medical evidence and deposition testimony and a Petition For Joinder." The more complex answer is to review LC 5500.5 and the following 2 cases of "Western Growers & Coltharp" which specifically discuss the legal DOI for CT claims......... Good Luck!

[Civ. No. 41662. Court of Appeals of California, Second Appellate District, Division Three. November 15, 1973.]
AETNA CASUALTY AND SURETY COMPANY et al., Petitioners, v. WORKMEN'S COMPENSATION APPEALS BOARD, ALVIN H. COLTHARP et al., Respondents

[No. F018353. Fifth Dist. Jun 1, 1993.]
WESTERN GROWERS INSURANCE COMPANY, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, BOYD WAYNE AUSTIN et al., Respondents.
Steve

appellandassociates.com
6311 Van Nuys Bl #480
Van Nuys, Ca 91401
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Re: Pleadings and CT (California)

Postby LawAdvocate on Sun Nov 26, 2017 10:26 am

You prove knowledge AND disability at the earliest time period possible. That's how, basic 5500.5 and 5402 Code knowledge.
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Re: Pleadings and CT (California)

Postby vampireinthenight on Tue Nov 28, 2017 9:22 am

You flat out are not going to bring them into that claim per 5500.5. You would have to file your own Application against them as described above. Which you probably need to consider the SOL implications of such a move. Best course is to establish it and apportion to the earlier DOI. Good luck pointing to an empty chair though...

Question: If Defendant files an Application on an old injury, would it be construed as a waiver of the SOL defense?
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