FREMONT COMPENSATION INSURANCE COMPANY, Plaintiff and Appellant, v. SIERRA PINE, LTD. et al. , Defendants and Respondents. Fremont paid Nesmith $125,000 in death benefits pursuant to a Board order, and is obligated for other amounts, such as burial expenses. Code, § 3503), was his actual dependent and would have been entitled to benefits even had they never been married. Because a subrogee stands in the shoes of the subrogor, they argued Fremont had no standing to sue to recoup the benefits. If for some reason he chose not to sue them, Fremont "likewise" could have sued defendants to recoup its payments.

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