Workers' Compensation

California: Fine Print on Preprinted C & R Form Does Not Cause Waiver of Claims Outside Immediate Context of Workers’ Comp

Language contained in a preprinted Compromise & Release form, which purported to release the employer from liability for ”any and all potential claims” did not constitute a waiver by a former employee when he subsequently filed suit against his former employer for discrimination, held a California appellate court. Accordingly, it was error for a trial court to grant summary judgment in favor of the employer. The court stressed that the purported general waiver was displayed in fine print and it made no reference to any claims beyond the scope of the workers’ compensation claims actually settled between the injured employee and the employer. 

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance. 

See Camacho v. Target Corp., 2018 Cal. App. LEXIS 529 (June 8, 2018)

See generally Larson’s Workers’ Compensation Law, § 132.05.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law