Calif. 2nd: Assess Employer Fault, Then Subrogate

A court that awarded an employee's entire personal-injury settlement to his employer's carrier as reimbursement for the workers' compensation benefits paid did not first determine whether the employer bore any fault for the injuries, the Second District Court of Appeals ruled in a case not certified for publication. In the matter of Juan Salas Fonseca v. California Insurance Guarantee Association, no. B 185176 (7/05/06), Fonseca sustained serious injuries on June 11, 1996, while driving a Mitsubishi truck during the course and scope of his employment. Fonseca filed a products-liability ac...