Kindt v. Otis Elevator Co.

Opinion

WALLIN, J.

The trial court denied Leola Kindt’s motion under Labor Code section 3856, 1 to allocate from a workers’ compensation lien an amount for attorney fees and costs she incurred in obtaining the judgment from which the lien was satisfied. She appeals, arguing there was insufficient evidence to show the lienholder actively participated in the lawsuit resulting in the judgment. She is right; we reverse.

Kindt sustained an on-the-job injury in an elevator accident. She filed a workers’ compensation claim and received almost $20,000 in benefits. She also filed a third party personal…