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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 113425
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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FACT: Prior to incarceration an inmate suffered an industrial

Customer Question

FACT: Prior to incarceration an inmate suffered an industrial injury to the neck back and right knee.He needed medical treatment, including back surgery Thereafter he is incarceration in a California state prison for 30 years.
QUESTION: Does California have a right to collect medical costs rendered for this pre-incarceration injury from the workers comp insurance carrier?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. If he required further care while incarcerated, then CA can recover from the workers compensation for any care that CA had to provide. They cannot recover for any expenses he paid or he was due prior to incarceration. The state can only recover payments from workers compensation that are due to the person since they were incarcerated and future payments.
Customer: replied 1 year ago.
Can I get a californa code section that supports your answer?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. Not everything is stated in the CA codes, even though they have codes covering many things. The fact is that in order for anyone to recover money, they have to have some valid claim to the money. If CA did not spend money on his care until his incarceration, they have no standing to recover the money for payments he was entitled to prior to incarceration, only after incarceration.