Wood v. Southwest Airlines Co.

Filing 18

ORDER signed by Judge Kimberly J. Mueller on 04/13/15 ORDERING that 17 The State Funds application for a first lien in the amount to be determined after the payment of plaintiffs litigation expenses and attorneys fees is hereby GRANTED. (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHARLES WOOD,

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Plaintiff,

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No. 2:14-cv-01421-KJM-CKD

v.

ORDER

SOUTHWEST AIRLINES CO., and
DOES 1 through 25, inclusive,
Defendants.

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On April 2, 2015, the State Compensation Insurance Fund filed an application for

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a lien under California Labor Code section 3856(b). ECF No. 17. The State Fund is the workers’

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compensation adjustment agent authorized to bring subrogation claims for the California

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Department of Consumer Affairs. Anderson Decl. ¶ 4, ECF No. 17. No opposition has been

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filed.

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Section 3856(b) provides, in pertinent part:

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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 . . . .

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Cal. Lab. Code § 3856(b).
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The State Fund avers it has “incurred an obligation to provide workers’

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compensation benefits to Plaintiff, Charles Wood, as a result of his work-related injuries incurred

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on or about May 2, 2012,” and it has “provided workers’ compensation benefits to Charles Wood

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and is obligated to continue to do so.” Anderson Decl. ¶¶ 6–7, ECF No. 17. The State Fund’s

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application for a first lien in the amount to be determined after the payment of plaintiff’s litigation

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expenses and attorney’s fees is hereby GRANTED.

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IT IS SO ORDERED.

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DATED: April 13, 2015.

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UNITED STATES DISTRICT JUDGE

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