4th DCA: Employer Can Recoup Benefits From 3rd Party Award Regardless of Award's Specifics

A 15-page opinion released by the California 4th District Court of Appeal on Tuesday outlines why insurance companies have the right to recoup their workers’ compensation expenses from an applicant's third-party award before the worker can touch the money, and why judges can’t make any deductions from the recoupment other than attorney’s fees. The defense attorneys in Duncan v. Wal-Mart Stores Inc. praised the unpublished opinion. “We're probably going to ask them to publish it, because it’s helpful not only for our case but it’s instruct...