Record v. Indemnity Insurance

The superior court in "a personal injury action denied a motion for attorneys’ fees brought by plaintiff’s attorneys pursuant to section 3856 of the Labor Code. Plaintiff and his attorneys appeal.

Question Presented

í‘(l) Does the 1949 amendment of section 3856 apply to actions brought for injuries occurring before the effective date of the amendment? (2) Did plaintiff stipulate away his right'to attorneys’ fees?

Facts

In 1947 plaintiff was injured in the scope of his employment by the Dow Chemical Company because of a defective instrumentality manufactured and supplied by third parties. He…