CHAPTER 5. Subrogation of Employer

Chapter 5 enacted by Stats. 1937, Ch. 90.

§§ 3850–3865 · 15 sections

• § 3850 As used in this chapter: (a) “Employee” includes the person injured and any other person to whom a claim accrues by reason of the injury or death of the…
• § 3851 The death of the employee or of any other person, does not abate any right of action established by this chapter.
• § 3852 (a) The claim of an employee, including, but not limited to, any peace officer or firefighter, for compensation does not affect their claim or right of action…
• § 3853 If either the employee or the employer brings an action against such third person, he shall forthwith give to the other a copy of the complaint by personal…
• § 3854 If the action is prosecuted by the employer alone, evidence of any amount which the employer has paid or become obligated to pay by reason of the injury or…
• § 3855 If the employee joins in or prosecutes such action, either the evidence of the amount of disability indemnity or death benefit paid or to be paid by the…
• § 3856 In the event of suit against such third party: (a) If the action is prosecuted by the employer alone, the court shall first order paid from any judgment for…
• § 3857 The court shall, upon further application at any time before the judgment is satisfied, allow as a further lien the amount of any expenditures of the employer…
• § 3858 (a) Except as provided in subdivision (b), after payment of litigation expenses and attorney’s fees fixed by the court pursuant to Section 3856 and payment of…
• § 3859 (a) (1) Except as provided in paragraph (2), a release or settlement of any claim under this chapter as to either the employee or the employer is not valid…
• § 3860 (a) (1) Except as provided in paragraph (2), a release or settlement under this chapter, with or without suit, is not valid or binding as to any party thereto…
• § 3861 (a) Except as provided in subdivision (b), the appeals board is empowered to and shall allow, as a credit to the employer to be applied against their liability…
• § 3862 (a) Except as provided in subdivision (b), an employer entitled to and who has been allowed and has perfected a lien upon the judgment or award in favor of an…
• § 3864 If an action as provided in this chapter prosecuted by the employee, the employer, or both jointly against the third person results in judgment against such…
• § 3865 Any judgment or settlement of an action as provided for in this chapter is, upon notice to the court, subject to the same lien claims of the Employment…