California Labor Code 3859 – (a) No release or settlement of any claim under this chapter as …
Current as of: 2024 | Check for updates
|
Other versions
(a) No release or settlement of any claim under this chapter as to either the employee or the employer is valid without the written consent of both. Proof of service filed with the court is sufficient in any action or proceeding where such approval is required by law.
(b) Notwithstanding anything to the contrary contained in this chapter, an employee may settle and release any claim he may have against a third party without the consent of the employer. Such settlement or release shall be subject to the employer’s right to proceed to recover compensation he has paid in accordance with Section 3852.
Terms Used In California Labor Code 3859
- 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
- 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.
(Amended by Stats. 1971, Ch. 485.)