Employers Mutual Liability Insurance v. Tutor-Saliba Corp.

Opinion

BROWN, J.

A subcontractor’s workers’ compensation insurance carrier brought an action against the general contractor to recover compensation benefits paid to the subcontractor’s employee. The issue in this case is whether an express provision for attorney fees in the contract between the general contractor and the subcontractor (the injured worker’s employer) applies to permit recovery of fees in the action between the insurance carrier and the general contractor. The Court of Appeal concluded that attorney fees are not available. We disagree, and therefore reverse its judgment.

I. Facts…