Kaiser Foundation Hospitals v. Workmen's Compensation Appeals Board

Opinion

BURKE, J. *

In this case we consider the question whether the Workmen’s Compensation Appeals Board has authority to reduce the size of an otherwise proper medical or hospital services lien (see Lab. Code, § 4903, subd. (b)>, upon an injured employee’s compensation recover}7, on the ground that such reduction would be “fair and equitable” in light of a compromise and release of the employee’s compensation claims with the employer and his insurer.

We have concluded that, in the absence of the lienholder’s consent, the board has no authority to reduce a valid lien solely to accommodate such…