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Workers' comp release form does not block civil claims in California.

Publication: Trial
Publication Date: 01-DEC-04 		Format: Online - approximately 613 words
Delivery: Immediate Online Access

Article Excerpt
The California Supreme Court recently ruled that a release form signed as part of a workers' compensation settlement does not extinguish the employee's right to pursue a civil sexual harassment claim. Applying the release form to separate civil claims would thwart the public policy of protecting injured workers against unintentional loss of rights, the court said in Claxton v. Waters. (18 Cal. Rptr. 3d 246 (2004).)

"[W]e hold that the standard language of the preprinted form used in settling workers' compensation claims releases only those claims that are within the scope...

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