A waiver releasing an employer from liability for a pre-existing condition is generally considered which of the following?

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

Answer: (C)

In California, a waiver that tries to release an employer from liability for a pre-existing medical condition is generally not enforceable. This reflects public policy that workers should not be stripped of rights to seek remedies or benefits for harms connected to the workplace, including harms related to pre-existing conditions that are affected by employment conditions or employer actions. Even if an employee signs such a waiver, courts typically void it because it attempts to contract away protections that the law would otherwise safeguard. In practice, this means the employer cannot rely on the waiver to avoid liability or to limit workers’ compensation or related remedies.