Quinn v. State of California

Opinion

TOBRINER, J.

Under the workers’ compensation statutes1 a worker may not sue his employer for a work-related injury, but he may recover a judgment from a negligent third party for such an injury. (§ 3852.) From this judgment an employer who has paid his employee compensation benefits may recoup the amount thus expended. (§ 3856.) We must now construe that portion of section 38562 which requires the trial court *165before reimbursing the employer in such a case as this to determine and order payment of “a reasonable attorney’s fee,”3 a fee based “upon the services rendered by the employee’s…