Legal Opinion
Baur v. Workers' Compensation Appeals Board
California Court of Appeal
Decided August 21, 2009No. C061042PublishedCited by 3 opinions
1Opinion of the Court
Opinion
ROME, J.
Under Labor Code section 3861, the employer of an injured employee is entitled to a credit against the employer’s liability for future workers’ compensation benefits out of “any recovery” the employee receives for his injury, either by settlement or after judgment, from a third party tortfeasor.
In this case, petitioner Lance Baur, a police officer employed by respondent City of Stockton (the city), was injured on the job during an altercation with suspect Richard Thomas Beck. The city provided Baur workers’ compensation benefits. Baur then filed a lawsuit against Beck, but…
2Cases cited6 opinions
- E. L. White, Inc. v. City of Huntington BeachCalifornia Court of Appeal · 1982
- R. J. Reynolds Co. v. California Insurance Guarantee Ass'nCalifornia Court of Appeal · 1991
- Smith v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2000
- Black Diamond Asphalt, Inc. v. Superior CourtCalifornia Court of Appeal · 2003
- California Insrance Guarantee Ass'n v. Argonaut InsuranceCalifornia Court of Appeal · 1991
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3Cited by3 opinions
- Fireman's Fund Insurance v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2010
- Baur v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2009
- West American Ins. Co. v. Valles CA2/1California Court of Appeal · 2020