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Thread Title: Benefits without prejudice
Created On Friday February 20, 2009 8:27 AM


laesquire
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Friday February 20, 2009 8:27 AM

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What are the labor codes stating the defendant can provide some benefits without admitting liability?


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 Any posting herein is NOT legal advice. It also does NOT create and attorney-client- relationship.

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Jpod
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Friday February 20, 2009 8:41 AM

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I am not sure that it comes from the code or from case law.

I bet Stew will have an answer.

What I recall being the justification for this concept is that WC is a benefit deleivery system and the system should not put any road blocks in the way of a defendant who wants to pay first and investigate second. So in that sense there is no estoppel for providing benefits unlike in a civil case involving property or casulalty insurance claims that saying or acting like the claim is, or will be, accpeted raises the estoppel argument.

There is also LC 4909 but I am not sure that holds the entire concept you are seeking.

Edited: Friday February 20, 2009 at 8:43 AM by Jpod

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Jpod
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Friday February 20, 2009 8:57 AM

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Actually i think LC 4909 does contain what you are after.

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postscript2
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Friday February 20, 2009 10:24 AM

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Don't forget the 1st 10k while under investigation for a delayed claim after the DWC-1 is filed. It's mandatory - not voluntary...

LCS

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Chirple@earthlink.net
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Friday February 20, 2009 9:48 PM

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4909. Any payment, allowance, or benefit received by the injured
employee during the period of his incapacity, or by his dependents in
the event of his death, which by the terms of this division was not
then due and payable or when there is any dispute or question
concerning the right to compensation, shall not, in the absence of
any agreement, be an admission of liability for compensation on the
part of the employer, but any such payment, allowance, or benefit may
be taken into account by the appeals board in fixing the amount of
the compensation to be paid. The acceptance of any such payment,
allowance, or benefit shall not operate as a waiver of any right or
claim which the employee or his dependents has against the employer.

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laesquire
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Saturday February 21, 2009 4:14 PM

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Thank you.

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