Hi Steve. Thanks, that is an interesting post. I admit I do not have a lot of personal experience in this area. I'm a little confused about your analysis. How is that any different than an insured employer? If the Superior Court is securing the payment, is that the same as the
ER securing it?
Section 3706 seems to say that an IW can bring a claim "at law" as if the entire Division IV did not even exist.
I reviewed the
Hestehauge case again. (70 CCC 1294). The language at the top of page 1307 seems to describe an ability to elect between civil (ie negligence) and WC remedies (albeit under the old law). Halfway down page 1316, the court says that WC is generally the exclusive remedy, but the main exception is
uninsured employers. It goes on to describe securing compensation to mean either purchasing a policy or a certificate of self-insurance.
What are your thoughts on
Hestehauge?
Have a great weekend!
