Legal Question in Disability Law in California
I filed a Worker's comp injury claim with my employer but while WC insurance was investigating my claim, I was paid by EDD for disability. I went back to work part time on a partial disability. My employer laid me off and gave me a severance agreement to sign. By signing the agreement and releasing my employer of any claim, can my employer's WC insurance or EDD request for the return of disability pay?
1 Answer from Attorneys
Without reading the agreement, it is impossible to say what the consequences may be. However, generally speaking, a waiver of claims in a release agreement does not mean disability payments already received, must be returned. It typically is a settlement of all existing claims and prevents you from filing any additional claims. If your workers' comp. case is still active, signing such a release may have the effect of continuing with the claim, unless specifically excluded.
It would be prudent for you to pay the cost of having an attorney review the severance agreement, so you know exactly what potential ramifications may arise from signing it.
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