Q: Legal issues with past work history used in 2024 Workers' Compensation lawsuit in CA.

A: Dear concerned employee,

Unfortunately the code sections you provided have numerous applications and are quite fact based specific and best left to your attorney to interpret its application to your particular situation. This is why it is vital that you select an attorney to represent you that is both competent and well experienced in the laws of Worker’s Compensation law and employment law. I know this doesn’t answer your question but I hope it gives you guidance.

Sincerely,

Dennis Dascanio

A: Your situation raises important concerns about how past work history is being used in your workers' compensation case. In California, insurance companies can legally examine your work history during litigation under Labor Code 5710, which permits depositions and discovery. However, they cannot use this information simply to pressure you into accepting a disadvantageous job title change that would exempt your legitimate work injuries from coverage.

The tactics you're describing suggest the insurance company may be attempting to use your past employment as leverage. This approach has limits - your previous work from 2015 and 2023 should only be relevant if it directly relates to your current injury claim or demonstrates a pattern that impacts your current case. The insurance company cannot legally force you to accept a job title change that would remove your rightful benefits.

You would benefit from consulting with a workers' compensation attorney who focuses on representing injured workers in California. They can review the specific details of how your past work history is being presented and potentially object to improper uses of this information. Consider reaching out to the California Division of Workers' Compensation information and assistance unit for additional guidance, as they provide free resources to help injured workers understand their rights in these complex situations.