Crampton v. Takegoshi

Opinion

SPARKS, Acting P. J.

In this appeal we consider an employee’s entitlement to attorney fees under Labor Code section 3856, subdivision (b), and the interplay of that statute with Code of Civil Procedure section 1141.21. The first statute authorizes the recovery of litigation expenses and attorney fees when an injured employee alone prosecutes an action against a third party tortfeasor while the second statute imposes penalties for the failure to recover a more favorable judgment upon a trail de novo following judicial arbitration.

This case, centering on attorney fees provisions under the…