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subrogation- Plaintiff dies (California)

PostPosted: Thu Oct 08, 2009 6:36 pm
by laesquire
SCENARIO:

1. On the job work injury. A third party civil and related subrogation case filed.

2. Work Comp carriers pays $ 50,000 in benefits.

3. Plaintiff in PI case dies for reasons NOT related to the case.


QUESTION:
1. Does the subrogation case die with Plaintiff?

Re: subrogation- Plaintiff dies (California)

PostPosted: Fri Oct 09, 2009 5:37 am
by stewshe
laesquire,

Referring to my Work Comp Index, 7th ed., page 798 under "Subrogation (Subro), Contd.":

<<
• Employee, death of, subrogation claim not abated: L.C. 3851
>>

It includes many pages of references to Calif. code sections, treatises by experts such as Hanna, Herlick, O'Brien, St. Clair, and of course the CEB, as well as many CCC and CWCR cites.

Re: subrogation- Plaintiff dies (California) (California)

PostPosted: Fri Oct 09, 2009 8:34 am
by rosellavera
See California Code Of Civil Procedure Section 377.31:

On motion after the death of a person who commenced an
action or proceeding, the court shall allow a pending action or
proceeding that does not abate to be continued by the decedent's
personal representative or, if none, by the decedent's successor in
interest.

So, if the decedent's estate continues to pursue the law suit, the subro case survives.
LC 3851, et seq. also discusses this issue.

-Rose

Re: subrogation- Plaintiff dies (California)

PostPosted: Fri Oct 09, 2009 1:40 pm
by laesquire
:lol:
Thank you.