Legal Question in Workers Comp in California
what employer or who is responsible for an employee who was fired and says she was injured at the last place of employment, has already been injured at a previous place of employment, is currently being treated and tries to make a worker's comp claim on a pre-existing injury with the place of employment she was fired from?
1 Answer from Attorneys
That is a very long and somewhat confusing single sentence question. If I understand you correctly, she had an injury at her prior place of employment and is still being treated for that, but also alleges that at your job she aggravated the injury. The change in employment does not relieve the former employer from his obligation to provide medical treatment and WC benefits for the original injury, but the second employer is responsible for any treatment or benefits resulting from an increase in the injury. The treating physician has to be asked if he/she can determine what part of the treatment is for which injury. That the employee was fired is irrelevant as to whether they suffered an on the job injury.
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