VAN ALEN v. U.S., CIV S-11-2815 KJM-KJN. (2012)
Court: District Court, E.D. California
Number: infdco20120309867
Visitors: 16
Filed: Mar. 08, 2012
Latest Update: Mar. 08, 2012
Summary: ORDER KIMBERLY MUELLER, District Judge. On February 23, 2012, Delos Insurance ("lien claimant"), the workers' compensation insurance carrier for plaintiff's employer, filed an application for lien in accordance with California Labor Code 3856. (ECF 8.) Section 3856(b) provides: If the action [against a third party] is prosecuted by the employee alone, the court shall first order paid from any judgment for damages recovered the reasonable litigation expenses . . . together with a reasonable
Summary: ORDER KIMBERLY MUELLER, District Judge. On February 23, 2012, Delos Insurance ("lien claimant"), the workers' compensation insurance carrier for plaintiff's employer, filed an application for lien in accordance with California Labor Code 3856. (ECF 8.) Section 3856(b) provides: If the action [against a third party] is prosecuted by the employee alone, the court shall first order paid from any judgment for damages recovered the reasonable litigation expenses . . . together with a reasonable a..
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ORDER
KIMBERLY MUELLER, District Judge.
On February 23, 2012, Delos Insurance ("lien claimant"), the workers' compensation insurance carrier for plaintiff's employer, filed an application for lien in accordance with California Labor Code § 3856. (ECF 8.) Section 3856(b) provides:
If the action [against a third party] is prosecuted by the employee alone, the court shall first order paid from any judgment for damages recovered the reasonable litigation expenses . . . together with a reasonable attorney's fee. . . . After the payment of such expenses and attorney's fee the court shall, on application of the employer, allow as a first lien against the amount of such judgment for damages, the amount of the employer's expenditure for compensation together with any amounts to which he may be entitled as special damages. . . .
Lien claimant has paid $53,466.00 to and on behalf of plaintiff. (Lien App. at 2.) Lien claimant's application for a first lien in the amount of $53,466.00 plus any further workers' compensation benefits that will be paid to or on behalf of plaintiff against the amount of any judgment, settlement, or award in favor of plaintiff in the present action after the payment of plaintiff's litigation expenses and attorney's fees is hereby granted.
IT IS SO ORDERED.
Source: Leagle
