WC is a very specialized area, and without a full analysis of all facts and circumstances, it is impossible to address your question accurately. You really need to speak with to a WC applicant's attorney ASAP to assist you! I truly wish you the best of luck! As an aside, if you found my direction helpful, and if you feel appropriate; could you be so kind as to designate my answer as the “best” answer to your question?
Have you asked your attorney about this? No one should be attempting to navigate the CA Work Comp process without legal counsel.
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You need a worker’s comp. attorney ASAP.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
No. The Exclusive Jurisdication laws of Worker's Compensation would likely protect a carrier (which are only a few in California). It also protects against suiing the employer. The relationship between a WC carrier and the applicant employer are naturally adversarial. Also, I am not sure there is a first party relationship to allow this as the insured is the employer. I agree with the other counsel. Your WC is likely in Orange County. So, look for an applicant attorney in OC or South Orange County.
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