Legal Question in Workers Comp in California

Your employer may be wanting to avoid any future WC claim. It sounds like it is illegal discrimination against an employee because of a WC claim. Unless you clearly will need no further treatment or have medical insurance coverage that will definitely cover you for the future, it is not a good idea to give up future medical treatment.

The fact is that once you enter into a C&R, you can no longer be on the risk of the employer's insurance carrier, so it's normal that they ask you to resign as part of the deal. The only exception is, if you were injured a few years ago, and at the time of your settlement, the employer has a new carrier. If this is the scenario, then you should be able to keep your position, so long as you're not knocked out by work restrictions.

With regards to whether or not you should leave your future medical open, you should discuss this with your attorney because he knows about your case and your injuries more than any other lawyer answering your post on lawguru.

Good luck.