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Case Name | Summers v. Newman | |
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Date | 07/08/1999 | |
Note | Employer and/or carrier must deduct attorney's fees from prop. share of third party settlement. | |
Citation | 20 Cal.4th 1021 | |
WCC Citation | WCC 24511999 CA |
RICK B. SUMMERS et al. , Plaintiffs and Appellants, v. HERBERT F. NEWMAN et al. , Defendants; A. TEICHERT & SON, INC. , Intervener and Respondent. Facts In September 1992, while driving a truck in the course of his employment for A. Teichert & Son, Inc. (Teichert), Rick B. Summers was severely injured in a head-on collision with another truck. Teichert intervened in the action seeking reimbursement for the workers' compensation benefits it had provided to Summers. 2 and to give the employee an opportunity to recover personal injury damages in excess of the reimbursable compensation costs. Third, the employee receives any balance remaining from the settlement proceeds after payment of litigation costs and reimbursable compensation costs.
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