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Case Name Luque v. Herrera
Date 06/12/2000
Note Employee's attorney entitled to fees when employer participated in litigation and reimbursement claim exceeded the settlement.
Citation 81 Cal.App.4th 558, 65 CCC 812
WCC Citation WCC 23912000 CA
CARMEN G. LUQUE, Plaintiff and Respondent, v. FIDEL HERRERA, Defendant; FREMONT COMPENSATION INSURANCE COMPANY, Objector and Appellant. 1 FACTS Fidel Herrera injured Carmen G. Luque in an automobile accident for which Herrera was solely at fault. At the time of the accident Luque was acting in the course and scope of his employment. Luque filed a claim for workers' compensation benefits with the Fremont Compensation Insurance Company. Luque also filed an action for damages against Herrera.

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