Legal Question in Workers Comp in California

IT DEPENDS. Typically the language in the Compromise & Release contains a general release of all claims and a release of the 132a petition.

If you are not accepting the sum offered by the insurer to resolve the 132a 'discrimination' (wrongful termination) petition PLUS the case-in-chief (perm disability and future medical), MAKE CLEAR TO THE ADJUSTER NOW what your dollar total to waive your right to trial on the 132a BEFORE they type up and mail the 12-page agreement to you.

WARNING; almost no 132a petitions are successful at trial. YOU have the burden of proving the 'mind set' of the employer. It's really, really tough to 'prove' what somebody was thinking. THEN: if the employer has a 'business necessity' defense, you're screwed.

Unless you have the former vice president of the company testifying for you under oath that the only reason you were demoted or had hours reduced or were terminated was solely in retialiation for your work injury, and that the company has plenty of money to hire you back and there's so much money they could keep you on staff indefinitely, take a couple thousand on the 132a discrimination and walk.