California Labor Code CHAPTER 5 - Subrogation of Employer

• Section 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...
• Section 3851.
  The death of the employee or of any other person, does not abate any right of action established by this chapter.(Enacted by Stats. 1937, Ch.
• Section 3852.
  The claim of an employee, including, but not limited to, any peace officer or firefighter, for compensation does not affect his or her claim or...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 3858.
  After payment of litigation expenses and attorneys’ fees fixed by the court pursuant to Section 3856 and payment of the employer’s lien, the employer shall...
• Section 3859.
  (a) No release or settlement of any claim under this chapter as to either the employee or the employer is valid without the written consent of...
• Section 3860.
  (a) No release or settlement under this chapter, with or without suit, is valid or binding as to any party thereto without notice to both the...
• Section 3861.
  The appeals board is empowered to and shall allow, as a credit to the employer to be applied against his liability for compensation, such amount...
• Section 3862.
  Any employer entitled to and who has been allowed and has perfected a lien upon the judgment or award in favor of an employee against...
• Section 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...
• Section 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...

Last modified: October 22, 2018