Page 1 of 1

Third Party Credits (California)

PostPosted: Mon Jan 07, 2019 10:09 am
by vampireinthenight
I was interested in this quote in response to an article on the main site:
This analysis does not take into consideration that economic damages are not reduced by employer negligence pursuant to Prop 51. The 25% employer negligence only affects the non-economic damages. So, if $50,000.00 of the damages is economic loss and $50,000.00 is non-economic loss, then the credit threshold would be $12,500.00 - the amount of the civil recovery lost due to the employer's negligence. It is very important that defense attorneys recognize this distinction. The entire civil award or settlement is not reduced proportionate to the percentage of employer negligence unless the damages are entirely non-economic, which is rarely the case.

Does anyone know of any case law in workers' comp on this point directly, ie calculating the credit in this instance?

Re: Third Party Credits (California)

PostPosted: Tue Jan 08, 2019 4:02 pm
by EllaJD
New here. Is there a "Like" button like on Twitter? :D

Re: Third Party Credits (California)

PostPosted: Wed Jan 09, 2019 9:11 am
by vampireinthenight
Welcome. No, just smiley faces. :)

Re: Third Party Credits (California)

PostPosted: Wed Jan 09, 2019 11:18 am
by jpod
I do not. The only recent case I am aware of involving credit rights is a case that clarified all of the net recovery is subject to credit whether economic or non-economic. But in that case ER negligence was not alleged.

I don't quite grasp how Prop 51 applies in this instance.