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Joinder Contribution Subsequent employer (California) (Cal

PostPosted: Sat Mar 09, 2019 10:44 am
by lacompfun
Background:

1. Applicant files a CT for a one year claim.This is against Employer one with insurance carrier one.

2. The applicant goes on to work for another employer. Call this Employer two with insurance carrier two.

3. CT claim against Employer one with insurance carrier one settles.

Question:

1. Can Employer one file a Petition for Joinder and contribution to add Employer two if done within one year settlement?

Re: Joinder Contribution Subsequent employer (California) (Cal

PostPosted: Sat Mar 09, 2019 3:29 pm
by beach7
not sure if there is enough information. are you saying it was one long uninterrupted CT ending entirely during ER 2? Is that what medical evidence says? in that case a new or amended application (or possibly joinder) should have been filed against ER 2 and the C&R should have gone to the end of ER 2 and last year of exposure determined and reimbursed between carriers. if there are separate and distinct exposure periods than ER 1 settled its exposure and shouldn't necessarily care about ER 2. If the medical evidence says there are two exposure periods to the same body parts then a new application should have been filed. There are various scenarios and not enough information.

Re: Joinder Contribution Subsequent employer (California)

PostPosted: Sat Mar 09, 2019 7:13 pm
by steve appell
Based on your fact pattern, it is impossible to join ER 2 because the ct doi is prior to starting employment with er 2.

Re: Joinder Contribution Subsequent employer (California) (Cal

PostPosted: Sun Mar 10, 2019 9:47 pm
by lacompfun
Two different ct periods