§ 3850 As used in this chapter:(a) “Employee” includes the person …
§ 3851 The death of the employee or of any other person, does not abate any …
§ 3852 The claim of an employee, including, but not limited to, any peace …
§ 3853 If either the employee or the employer brings an action against such …
§ 3854 If the action is prosecuted by the employer alone, evidence of any …
§ 3855 If the employee joins in or prosecutes such action, either the …
§ 3856 In the event of suit against such third party:(a) If the action …
§ 3857 The court shall, upon further application at any time before the …
§ 3858 After payment of litigation expenses and attorneys’ fees fixed by the …
§ 3859 (a) No release or settlement of any claim under this chapter as …
§ 3860 (a) No release or settlement under this chapter, with or without …
§ 3861 The appeals board is empowered to and shall allow, as a credit to the …
§ 3862 Any employer entitled to and who has been allowed and has perfected a …
§ 3864 If an action as provided in this chapter prosecuted by the employee, …
§ 3865 Any judgment or settlement of an action as provided for in this …

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Terms Used In California Codes > Labor Code > Division 4 > Part 1 > Chapter 5 - Subrogation of Employer

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appraisal: A determination of property value.
  • City: includes city and county and "incorporated town" but does not include "unincorporated town" or "village. See California Public Utilities Code 19
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • County: includes city and county. See California Public Utilities Code 18
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means Department of Industrial Relations. See California Labor Code 19
  • Employee: includes the person injured and any other person to whom a claim accrues by reason of the injury or death of the former. See California Labor Code 3850
  • Employer: includes insurer as defined in this division. See California Labor Code 3850
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • injury: as used in this division , includes cancer, including leukemia, that develops or manifests itself during a period in which any member described in subdivision (a) is in the service of the department or unit, if the member demonstrates that he or she was exposed, while in the service of the department or unit, to a known carcinogen as defined by the International Agency for Research on Cancer, or as defined by the director. See California Labor Code 3212.1
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Quorum: The number of legislators that must be present to do business.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: means the State of California, unless applied to the different parts of the United States. See California Public Utilities Code 17
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.