Legal Question in Workers Comp in California

Re: cumulative trauma injury

Under Labor Code 5500 you are allowed to elect against a carrier in a cumulative trauma claim. if you elect against your current employer, or their insurance carrier, the employer will be responsible for paying all your benefits under california law. The employer must then seek reimubrsement from the other employer or carrier.

Further, medical treatment cannot be apportioned, so your 25% employer can be forced to pay for everything.

Given the issue of election, you should probably seek representation.

Re: cumulative trauma injury

Labor Code, Section 5500.5 states that in a CT, the insurance companies with the last year of exposure is held liable for the entire CT. So if it is the same company that you were employed with both in Texas and California, I would think that you shouldn't have to be so concerned. However, without more facts, I cannot advise you any further. Should you require more information, please feel free to contact me at 818.385.0520.