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| Case Name | Hughes v. Argonaut Insurance Co. | |
|---|---|---|
| Date | 04/16/2001 | |
| Note | Carrier cannot be sued by injured worker for mishandling of its lien on the claimant's settlement with a third party tortfeasor. | |
| Citation | 88 Cal.App.4th 517, 105 Cal.Rptr.2d 877 | |
| WCC Citation | WCC 31232001 CA |
The third amended complaint of appellant Michelle Hughes reveals the following: Hughes was an employee of Southern Auto Supply. Respondent Argonaut Insurance Company (Argonaut) provided workers' compensation insurance to the employer. The parties settled for the sum of $12,104. 75. Argonaut asserted a lien against the settlement; the settlement check was endorsed to Hughes, Argonaut and Hughes's attorney. Hughes tendered $3,549. 38 to Argonaut, representing the full value of the insurer's workers' compensation lien ($5,324. 07) reduced by one-third withheld for attorney fees. D. Argonaut is Not Estopped From Asserting the WCAB's Jurisdiction Hughes also maintains that Argonaut is estopped from asserting the WCAB's jurisdiction.
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