The ER hires an EE with pre-existing arthritis and the ER wants the EE to sign a waiver that they are not responsible for the pre-existing condition. You should tell the ER:

• A. this is acceptable
• B. this is not acceptable
• C. this is not enforceable
• D. this is against public policy

Answer: (C)

In California, you cannot contract away an employee’s right to workers’ compensation benefits for a pre-existing condition. The workers’ compensation system provides guaranteed protections that arise by statute, not by private agreement between the employer and employee. A forced waiver attempting to state that the employer is not responsible for a pre-existing arthritis condition would undermine those statutory protections and is void as against public policy. Because of this, the ER cannot enforce such a waiver—the employee would still be entitled to coverage and benefits for work-related aspects or aggravation of the condition under the self-insured plan and California law. The correct stance is to tell the ER that this waiver is not enforceable.