Gapusan v. Jay

Opinion

HALLER, J.

In this personal injury action, City of San Diego (City) intervened seeking reimbursement for workers’ compensation benefits it paid its employees, Police Officers Edmund Gapusan and Frederick McGee. (Lab. Code,1 § 3852.) We conclude the trial court violated section 3860, subdivision (b) by distributing half of the $200,000 settlement proceeds to the officers under equitable apportionment principles. We reject, however, City’s contention the error automatically entitles it to the entire settlement amount. While the court must adhere to the statutory scheme in allocating…