Who will The WCAB say is responsible for the 4850 in a case where the city employee injures themselves, later works for the county, and both apply for 4850?

• A. The city
• B. The county
• C. Both equally
• D. None

Answer: (A)

The city is responsible. In California workers’ compensation, the employer on the payroll at the time of the injury bears primary liability for benefits tied to that injury. If a city employee is injured while working for the city and later moves to the county, both may file for 4850 benefits regarding that same incident, but the WCAB will assign responsibility to the city because the injury occurred under the city’s coverage. The county doesn’t automatically assume liability for a preexisting injury simply because the employee later works for them; the county would only become involved if there were a separate, new injury or other specific subrogation scenarios.