Amended IN Senate April 21, 2025 Amended IN Senate March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 487Introduced by Senator GraysonFebruary 19, 2025 An act to amend Sections 3852, 3858, 3859, 3860, 3861, and 3862 of the Labor Code, relating to workers compensation.LEGISLATIVE COUNSEL'S DIGESTSB 487, as amended, Grayson. Workers compensation.Existing law establishes a workers compensation system, administered by the Administrative Director of the Division of Workers Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law requires an employer to provide all medical services reasonably required to cure or relieve the injured worker from the effects of the injury. Existing law establishes a Workers Compensation Appeals Board and sets forth various proceedings that are required to be brought forth before the board.Existing law authorizes an employer who pays or becomes obligated to pay compensation, salary in lieu of compensation, or an amount to the Department of Industrial Relations to make a claim or bring an action against a third person who caused the injury or death of an employee that gave rise to the employers obligations. Existing law relieves the employer from an obligation to pay further compensation to or on behalf of the employee if the employer has paid litigation expenses, attorneys fees, and the employers lien. Existing law requires any release or settlement of a claim to include notice to both the employer and employee, as specified, and the written consent of both the employer and employee, in order for the release or settlement to be valid. Existing law authorizes the appeals board to credit the employer with an amount equal to the recovery by the employee that has not been applied to certain expenses, to be applied against the employers liability for compensation, as specified. Existing law authorizes an employer to enforce payment of a lien against a third party, or against the employee, if damages have been paid to the employee, in the manner provided for enforcement of money judgments.This bill would make these provisions inapplicable to employees that are peace officers, as defined, and firefighters.This bill would state that when the injured employee is a peace officer, as defined, or a firefighter, they are entitled to receive no less than 2/3 of the third-party defendants liability insurance policy limit, if the employee establishes that their total damages exceed the net recovery after satisfaction of the employers claim and that the total liability insurance limits available are insufficient to fully compensate the employer and employees proven damages. The bill would limit an employers right to reimbursement, subrogation, or lien to the minimum recovery threshold, as specified. The bill would prohibit an employer from asserting any recovery by one of these injured employees as a credit or offset against future workers compensation benefits and would require a settlement or release to limit an employers claim for reimbursement to the portion of the settlement not allocated to the employee pursuant to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 3852 of the Labor Code is amended to read:3852. (a) The claim of an employee, including, but not limited to, any peace officer or firefighter, for compensation does not affect their claim or right of action for all damages proximately resulting from the injury or death against any person other than the employer. Except as provided in subdivision (b), an employer who pays, or becomes obligated to pay compensation, or who pays, or becomes obligated to pay salary in lieu of compensation, or who pays or becomes obligated to pay an amount to the Department of Industrial Relations pursuant to Section 4706.5, may likewise make a claim or bring an action against the third person. In the latter event the employer may recover in the same suit, in addition to the total amount of compensation, damages for which they were liable including all salary, wage, pension, or other emolument paid to the employee or to their dependents. The respective rights against the third person of the heirs of an employee claiming under Section 377.60 of the Code of Civil Procedure, and an employer claiming pursuant to this section, shall be determined by the court.(b) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer shall not make a claim or bring an action against the third person. injured employee shall be entitled to receive not less than two-thirds of the third-party defendants applicable liability insurance policy limits, provided that both of the following are true:(1) The employee establishes that their total damages exceed the net recovery available after satisfaction of the employers claim.(2) The total liability insurance limits available are insufficient to fully compensate the employer and employees proven damages.(c) The two-thirds minimum allocation under this section is intended to reflect a fair and equitable share of the recovery in light of the injured employees total damages, attorneys fees, and costs of suit, and shall be deemed exclusive of any lien or offset by the employer.(d) The employers right to reimbursement or subrogation under this chapter shall be subordinate to the minimum recovery threshold set forth above. This minimum allocation to the employee shall apply to all settlement agreements and judgments and shall take precedence over any employer lien or subrogation claim. Any remaining proceeds may then be allocated in accordance with existing lien and subrogation principles.SEC. 2. Section 3858 of the Labor Code is amended to read:3858. (a) Except as provided in subdivision (b), after payment of litigation expenses and attorneys attorneys fees fixed by the court pursuant to Section 3856 and payment of the employers lien, the employer shall be relieved from the obligation to pay further compensation to or on behalf of the employee under this division up to the entire amount of the balance of the judgment, if satisfied, without any deduction. No satisfaction of such judgment in whole or in part, shall be valid without giving the employer notice and a reasonable opportunity to perfect and satisfy their lien.(b)If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer shall not be relieved from the obligation to pay further compensation to or on behalf of the employee.(b) In any case governed by subdivision (b) of Section 3852 where the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employers lien or subrogation rights shall be limited to the portion of the recovery not allocated to the employee and the employer shall have no right to assert any credit or offset against future workers compensation benefits owed to the employee, including, but not limited to, temporary disability, permanent disability, medical treatment, or vocational rehabilitation. The recovery allocated to the employee under subdivision (b) of Section 3852 shall not affect or diminish the employers obligation to provide any compensation under this division.SEC. 3. Section 3859 of the Labor Code is amended to read:3859. (a) (1) Except as provided in paragraph (2), a release or settlement of any claim under this chapter as to either the employee or the employer is not 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.(2) The written consent of the employer is not needed if the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter.(b) (1) Notwithstanding anything to the contrary contained in this chapter, an employee may settle and release any claim they may have against a third party without the consent of the employer. Except as provided in paragraph (2), a settlement or release shall be subject to the employers right to proceed to recover compensation they have paid in accordance with Section 3852.(2)If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer has no right to recover compensation they have paid.(2) In any case governed by subdivision (b) of Section 3852 where the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, a settlement or release shall limit the employers claim for reimbursement to the portion of the settlement not allocated to the employee pursuant to subdivision (b) of Section 3852.SEC. 4. Section 3860 of the Labor Code is amended to read:3860. (a) (1) Except as provided in paragraph (2), a release or settlement under this chapter, with or without suit, is not valid or binding as to any party thereto without notice to both the employer and the employee, with opportunity to the employer to recover the amount of compensation the employer has paid or become obligated to pay and any special damages to which the employer may be entitled under Section 3852, and opportunity to the employee to recover all damages the employee has suffered and with provision for determination of expenses and attorneys fees as herein provided.(2) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, and the employer has no right to recover compensation, a release or settlement is valid and binding without notice to the employer. a release or settlement, with or without suit, subject to subdivision (b) of Section 3852, is not valid or binding unless it provides that the employee shall receive not less than two-thirds of the third-party insurance limits.(b) (1) Except as provided in paragraph (2) and Section 3859, the entire amount of the settlement, with or without suit, is subject to the employers full claim for reimbursement for compensation the employer has paid or become obligated to pay and any special damages to which the employer may be entitled under Section 3852, together with expenses and attorneys fees, if any, subject to the limitations in this section set forth.(2) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer has no right to reimbursement for compensation they have paid. the employers claim for reimbursement shall be limited to the portion of the settlement not allocated to the employee pursuant to subdivision (b) of Section 3852. The employer shall have no right to assert any credit or offset against future workers compensation benefits.(c) If settlement is effected, with or without suit, solely through the efforts of the employees attorney, then prior to the reimbursement of the employer, as provided in subdivision (b) hereof, there shall be deducted from the amount of the settlement the reasonable expenses incurred in effecting settlement, including costs of suit, if any, together with reasonable attorneys fees to be paid to the employees attorney, for services rendered in securing and effecting settlement for the benefit of both the employer and the employee.(d) If settlement is effected, with or without suit, solely through the efforts of the employers attorney, then, prior to the reimbursement of the employer as provided in subdivision (b) hereof, there shall be deducted from the amount of the settlement the reasonable expenses incurred in effecting settlement, including costs of suit, if any, together with reasonable attorneys fees to be paid to the employers attorney, for services rendered in securing and effecting settlement for the benefit of both the employer and the employee.(e) If both the employer and the employee are represented by the same agreed attorney or by separate attorneys in effecting a settlement, with or without suit, prior to reimbursement of the employer, as provided in subdivision (b) hereof, there shall be deducted from the amount of the settlement the reasonable expenses incurred by both the employer and the employee or on behalf of either, including costs of suit, if any, together with reasonable attorneys attorneys fees to be paid to the respective attorneys for the employer and the employee, based upon the respective services rendered in securing and effecting settlement for the benefit of the party represented. If both parties are represented by the same attorney, by agreement, the attorneys fees shall be based on the services rendered for the benefit of both.(f) The amount of expenses and attorneys fees referred to in this section shall, on settlement of suit, or on any settlement requiring court approval, be set by the court. In all other cases these amounts shall be set by the appeals board. If the employer and the employee are represented by separate attorneys they may propose to the court or the appeals board, for consideration and determination, the amount and division of those expenses and fees.SEC. 5. Section 3861 of the Labor Code is amended to read:3861. (a) Except as provided in subdivision (b), the appeals board is empowered to and shall allow, as a credit to the employer to be applied against their liability for compensation, such amount of any recovery by the employee for their injury, either by settlement or after judgment, as has not theretofore been applied to the payment of expenses or attorneys fees, pursuant to the provisions of Sections 3856, 3858, and 3860, or has not been applied to reimburse the employer.(b) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer has no right to recover compensation they have paid or assert a credit to be applied against their liability for compensation. the employer shall not assert, claim, or enforce any credit or offset against any future workers compensation benefits, including, but not limited to, future indemnity, medical, and vocational rehabilitation benefits, based on the employees civil recovery from a third-party tortfeasor. The appeals board is not empowered and shall not allow such a credit to be applied to the employer.SEC. 6. Section 3862 of the Labor Code is amended to read:3862. (a) Except as provided in subdivision (b), an employer entitled to and who has been allowed and has perfected a lien upon the judgment or award in favor of an employee against any third party for damages occasioned to the same employer by payment of compensation, expenses of medical treatment, and any other charges under this act, may enforce payment of the lien against the third party, or, in case the damages recovered by the employee have been paid to the employee, against the employee to the extent of the lien, in the manner provided for enforcement of money judgments generally.(b) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer has no right to recover compensation they have paid or enforce a lien. the employers claim for reimbursement shall be limited to the portion of the settlement not allocated to the employee pursuant to subdivision (b) of Section 3852. The employer shall have no right to assert any credit or offset against future workers compensation benefits.
Amended IN Senate April 21, 2025 Amended IN Senate March 24, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 487Introduced by Senator GraysonFebruary 19, 2025 An act to amend Sections 3852, 3858, 3859, 3860, 3861, and 3862 of the Labor Code, relating to workers compensation.LEGISLATIVE COUNSEL'S DIGESTSB 487, as amended, Grayson. Workers compensation.Existing law establishes a workers compensation system, administered by the Administrative Director of the Division of Workers Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law requires an employer to provide all medical services reasonably required to cure or relieve the injured worker from the effects of the injury. Existing law establishes a Workers Compensation Appeals Board and sets forth various proceedings that are required to be brought forth before the board.Existing law authorizes an employer who pays or becomes obligated to pay compensation, salary in lieu of compensation, or an amount to the Department of Industrial Relations to make a claim or bring an action against a third person who caused the injury or death of an employee that gave rise to the employers obligations. Existing law relieves the employer from an obligation to pay further compensation to or on behalf of the employee if the employer has paid litigation expenses, attorneys fees, and the employers lien. Existing law requires any release or settlement of a claim to include notice to both the employer and employee, as specified, and the written consent of both the employer and employee, in order for the release or settlement to be valid. Existing law authorizes the appeals board to credit the employer with an amount equal to the recovery by the employee that has not been applied to certain expenses, to be applied against the employers liability for compensation, as specified. Existing law authorizes an employer to enforce payment of a lien against a third party, or against the employee, if damages have been paid to the employee, in the manner provided for enforcement of money judgments.This bill would make these provisions inapplicable to employees that are peace officers, as defined, and firefighters.This bill would state that when the injured employee is a peace officer, as defined, or a firefighter, they are entitled to receive no less than 2/3 of the third-party defendants liability insurance policy limit, if the employee establishes that their total damages exceed the net recovery after satisfaction of the employers claim and that the total liability insurance limits available are insufficient to fully compensate the employer and employees proven damages. The bill would limit an employers right to reimbursement, subrogation, or lien to the minimum recovery threshold, as specified. The bill would prohibit an employer from asserting any recovery by one of these injured employees as a credit or offset against future workers compensation benefits and would require a settlement or release to limit an employers claim for reimbursement to the portion of the settlement not allocated to the employee pursuant to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate April 21, 2025 Amended IN Senate March 24, 2025
Amended IN Senate April 21, 2025
Amended IN Senate March 24, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Senate Bill
No. 487
Introduced by Senator GraysonFebruary 19, 2025
Introduced by Senator Grayson
February 19, 2025
An act to amend Sections 3852, 3858, 3859, 3860, 3861, and 3862 of the Labor Code, relating to workers compensation.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 487, as amended, Grayson. Workers compensation.
Existing law establishes a workers compensation system, administered by the Administrative Director of the Division of Workers Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law requires an employer to provide all medical services reasonably required to cure or relieve the injured worker from the effects of the injury. Existing law establishes a Workers Compensation Appeals Board and sets forth various proceedings that are required to be brought forth before the board.Existing law authorizes an employer who pays or becomes obligated to pay compensation, salary in lieu of compensation, or an amount to the Department of Industrial Relations to make a claim or bring an action against a third person who caused the injury or death of an employee that gave rise to the employers obligations. Existing law relieves the employer from an obligation to pay further compensation to or on behalf of the employee if the employer has paid litigation expenses, attorneys fees, and the employers lien. Existing law requires any release or settlement of a claim to include notice to both the employer and employee, as specified, and the written consent of both the employer and employee, in order for the release or settlement to be valid. Existing law authorizes the appeals board to credit the employer with an amount equal to the recovery by the employee that has not been applied to certain expenses, to be applied against the employers liability for compensation, as specified. Existing law authorizes an employer to enforce payment of a lien against a third party, or against the employee, if damages have been paid to the employee, in the manner provided for enforcement of money judgments.This bill would make these provisions inapplicable to employees that are peace officers, as defined, and firefighters.This bill would state that when the injured employee is a peace officer, as defined, or a firefighter, they are entitled to receive no less than 2/3 of the third-party defendants liability insurance policy limit, if the employee establishes that their total damages exceed the net recovery after satisfaction of the employers claim and that the total liability insurance limits available are insufficient to fully compensate the employer and employees proven damages. The bill would limit an employers right to reimbursement, subrogation, or lien to the minimum recovery threshold, as specified. The bill would prohibit an employer from asserting any recovery by one of these injured employees as a credit or offset against future workers compensation benefits and would require a settlement or release to limit an employers claim for reimbursement to the portion of the settlement not allocated to the employee pursuant to these provisions.
Existing law establishes a workers compensation system, administered by the Administrative Director of the Division of Workers Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law requires an employer to provide all medical services reasonably required to cure or relieve the injured worker from the effects of the injury. Existing law establishes a Workers Compensation Appeals Board and sets forth various proceedings that are required to be brought forth before the board.
Existing law authorizes an employer who pays or becomes obligated to pay compensation, salary in lieu of compensation, or an amount to the Department of Industrial Relations to make a claim or bring an action against a third person who caused the injury or death of an employee that gave rise to the employers obligations. Existing law relieves the employer from an obligation to pay further compensation to or on behalf of the employee if the employer has paid litigation expenses, attorneys fees, and the employers lien. Existing law requires any release or settlement of a claim to include notice to both the employer and employee, as specified, and the written consent of both the employer and employee, in order for the release or settlement to be valid. Existing law authorizes the appeals board to credit the employer with an amount equal to the recovery by the employee that has not been applied to certain expenses, to be applied against the employers liability for compensation, as specified. Existing law authorizes an employer to enforce payment of a lien against a third party, or against the employee, if damages have been paid to the employee, in the manner provided for enforcement of money judgments.
This bill would make these provisions inapplicable to employees that are peace officers, as defined, and firefighters.
This bill would state that when the injured employee is a peace officer, as defined, or a firefighter, they are entitled to receive no less than 2/3 of the third-party defendants liability insurance policy limit, if the employee establishes that their total damages exceed the net recovery after satisfaction of the employers claim and that the total liability insurance limits available are insufficient to fully compensate the employer and employees proven damages. The bill would limit an employers right to reimbursement, subrogation, or lien to the minimum recovery threshold, as specified. The bill would prohibit an employer from asserting any recovery by one of these injured employees as a credit or offset against future workers compensation benefits and would require a settlement or release to limit an employers claim for reimbursement to the portion of the settlement not allocated to the employee pursuant to these provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 3852 of the Labor Code is amended to read:3852. (a) The claim of an employee, including, but not limited to, any peace officer or firefighter, for compensation does not affect their claim or right of action for all damages proximately resulting from the injury or death against any person other than the employer. Except as provided in subdivision (b), an employer who pays, or becomes obligated to pay compensation, or who pays, or becomes obligated to pay salary in lieu of compensation, or who pays or becomes obligated to pay an amount to the Department of Industrial Relations pursuant to Section 4706.5, may likewise make a claim or bring an action against the third person. In the latter event the employer may recover in the same suit, in addition to the total amount of compensation, damages for which they were liable including all salary, wage, pension, or other emolument paid to the employee or to their dependents. The respective rights against the third person of the heirs of an employee claiming under Section 377.60 of the Code of Civil Procedure, and an employer claiming pursuant to this section, shall be determined by the court.(b) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer shall not make a claim or bring an action against the third person. injured employee shall be entitled to receive not less than two-thirds of the third-party defendants applicable liability insurance policy limits, provided that both of the following are true:(1) The employee establishes that their total damages exceed the net recovery available after satisfaction of the employers claim.(2) The total liability insurance limits available are insufficient to fully compensate the employer and employees proven damages.(c) The two-thirds minimum allocation under this section is intended to reflect a fair and equitable share of the recovery in light of the injured employees total damages, attorneys fees, and costs of suit, and shall be deemed exclusive of any lien or offset by the employer.(d) The employers right to reimbursement or subrogation under this chapter shall be subordinate to the minimum recovery threshold set forth above. This minimum allocation to the employee shall apply to all settlement agreements and judgments and shall take precedence over any employer lien or subrogation claim. Any remaining proceeds may then be allocated in accordance with existing lien and subrogation principles.SEC. 2. Section 3858 of the Labor Code is amended to read:3858. (a) Except as provided in subdivision (b), after payment of litigation expenses and attorneys attorneys fees fixed by the court pursuant to Section 3856 and payment of the employers lien, the employer shall be relieved from the obligation to pay further compensation to or on behalf of the employee under this division up to the entire amount of the balance of the judgment, if satisfied, without any deduction. No satisfaction of such judgment in whole or in part, shall be valid without giving the employer notice and a reasonable opportunity to perfect and satisfy their lien.(b)If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer shall not be relieved from the obligation to pay further compensation to or on behalf of the employee.(b) In any case governed by subdivision (b) of Section 3852 where the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employers lien or subrogation rights shall be limited to the portion of the recovery not allocated to the employee and the employer shall have no right to assert any credit or offset against future workers compensation benefits owed to the employee, including, but not limited to, temporary disability, permanent disability, medical treatment, or vocational rehabilitation. The recovery allocated to the employee under subdivision (b) of Section 3852 shall not affect or diminish the employers obligation to provide any compensation under this division.SEC. 3. Section 3859 of the Labor Code is amended to read:3859. (a) (1) Except as provided in paragraph (2), a release or settlement of any claim under this chapter as to either the employee or the employer is not 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.(2) The written consent of the employer is not needed if the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter.(b) (1) Notwithstanding anything to the contrary contained in this chapter, an employee may settle and release any claim they may have against a third party without the consent of the employer. Except as provided in paragraph (2), a settlement or release shall be subject to the employers right to proceed to recover compensation they have paid in accordance with Section 3852.(2)If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer has no right to recover compensation they have paid.(2) In any case governed by subdivision (b) of Section 3852 where the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, a settlement or release shall limit the employers claim for reimbursement to the portion of the settlement not allocated to the employee pursuant to subdivision (b) of Section 3852.SEC. 4. Section 3860 of the Labor Code is amended to read:3860. (a) (1) Except as provided in paragraph (2), a release or settlement under this chapter, with or without suit, is not valid or binding as to any party thereto without notice to both the employer and the employee, with opportunity to the employer to recover the amount of compensation the employer has paid or become obligated to pay and any special damages to which the employer may be entitled under Section 3852, and opportunity to the employee to recover all damages the employee has suffered and with provision for determination of expenses and attorneys fees as herein provided.(2) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, and the employer has no right to recover compensation, a release or settlement is valid and binding without notice to the employer. a release or settlement, with or without suit, subject to subdivision (b) of Section 3852, is not valid or binding unless it provides that the employee shall receive not less than two-thirds of the third-party insurance limits.(b) (1) Except as provided in paragraph (2) and Section 3859, the entire amount of the settlement, with or without suit, is subject to the employers full claim for reimbursement for compensation the employer has paid or become obligated to pay and any special damages to which the employer may be entitled under Section 3852, together with expenses and attorneys fees, if any, subject to the limitations in this section set forth.(2) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer has no right to reimbursement for compensation they have paid. the employers claim for reimbursement shall be limited to the portion of the settlement not allocated to the employee pursuant to subdivision (b) of Section 3852. The employer shall have no right to assert any credit or offset against future workers compensation benefits.(c) If settlement is effected, with or without suit, solely through the efforts of the employees attorney, then prior to the reimbursement of the employer, as provided in subdivision (b) hereof, there shall be deducted from the amount of the settlement the reasonable expenses incurred in effecting settlement, including costs of suit, if any, together with reasonable attorneys fees to be paid to the employees attorney, for services rendered in securing and effecting settlement for the benefit of both the employer and the employee.(d) If settlement is effected, with or without suit, solely through the efforts of the employers attorney, then, prior to the reimbursement of the employer as provided in subdivision (b) hereof, there shall be deducted from the amount of the settlement the reasonable expenses incurred in effecting settlement, including costs of suit, if any, together with reasonable attorneys fees to be paid to the employers attorney, for services rendered in securing and effecting settlement for the benefit of both the employer and the employee.(e) If both the employer and the employee are represented by the same agreed attorney or by separate attorneys in effecting a settlement, with or without suit, prior to reimbursement of the employer, as provided in subdivision (b) hereof, there shall be deducted from the amount of the settlement the reasonable expenses incurred by both the employer and the employee or on behalf of either, including costs of suit, if any, together with reasonable attorneys attorneys fees to be paid to the respective attorneys for the employer and the employee, based upon the respective services rendered in securing and effecting settlement for the benefit of the party represented. If both parties are represented by the same attorney, by agreement, the attorneys fees shall be based on the services rendered for the benefit of both.(f) The amount of expenses and attorneys fees referred to in this section shall, on settlement of suit, or on any settlement requiring court approval, be set by the court. In all other cases these amounts shall be set by the appeals board. If the employer and the employee are represented by separate attorneys they may propose to the court or the appeals board, for consideration and determination, the amount and division of those expenses and fees.SEC. 5. Section 3861 of the Labor Code is amended to read:3861. (a) Except as provided in subdivision (b), the appeals board is empowered to and shall allow, as a credit to the employer to be applied against their liability for compensation, such amount of any recovery by the employee for their injury, either by settlement or after judgment, as has not theretofore been applied to the payment of expenses or attorneys fees, pursuant to the provisions of Sections 3856, 3858, and 3860, or has not been applied to reimburse the employer.(b) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer has no right to recover compensation they have paid or assert a credit to be applied against their liability for compensation. the employer shall not assert, claim, or enforce any credit or offset against any future workers compensation benefits, including, but not limited to, future indemnity, medical, and vocational rehabilitation benefits, based on the employees civil recovery from a third-party tortfeasor. The appeals board is not empowered and shall not allow such a credit to be applied to the employer.SEC. 6. Section 3862 of the Labor Code is amended to read:3862. (a) Except as provided in subdivision (b), an employer entitled to and who has been allowed and has perfected a lien upon the judgment or award in favor of an employee against any third party for damages occasioned to the same employer by payment of compensation, expenses of medical treatment, and any other charges under this act, may enforce payment of the lien against the third party, or, in case the damages recovered by the employee have been paid to the employee, against the employee to the extent of the lien, in the manner provided for enforcement of money judgments generally.(b) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer has no right to recover compensation they have paid or enforce a lien. the employers claim for reimbursement shall be limited to the portion of the settlement not allocated to the employee pursuant to subdivision (b) of Section 3852. The employer shall have no right to assert any credit or offset against future workers compensation benefits.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 3852 of the Labor Code is amended to read:3852. (a) The claim of an employee, including, but not limited to, any peace officer or firefighter, for compensation does not affect their claim or right of action for all damages proximately resulting from the injury or death against any person other than the employer. Except as provided in subdivision (b), an employer who pays, or becomes obligated to pay compensation, or who pays, or becomes obligated to pay salary in lieu of compensation, or who pays or becomes obligated to pay an amount to the Department of Industrial Relations pursuant to Section 4706.5, may likewise make a claim or bring an action against the third person. In the latter event the employer may recover in the same suit, in addition to the total amount of compensation, damages for which they were liable including all salary, wage, pension, or other emolument paid to the employee or to their dependents. The respective rights against the third person of the heirs of an employee claiming under Section 377.60 of the Code of Civil Procedure, and an employer claiming pursuant to this section, shall be determined by the court.(b) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer shall not make a claim or bring an action against the third person. injured employee shall be entitled to receive not less than two-thirds of the third-party defendants applicable liability insurance policy limits, provided that both of the following are true:(1) The employee establishes that their total damages exceed the net recovery available after satisfaction of the employers claim.(2) The total liability insurance limits available are insufficient to fully compensate the employer and employees proven damages.(c) The two-thirds minimum allocation under this section is intended to reflect a fair and equitable share of the recovery in light of the injured employees total damages, attorneys fees, and costs of suit, and shall be deemed exclusive of any lien or offset by the employer.(d) The employers right to reimbursement or subrogation under this chapter shall be subordinate to the minimum recovery threshold set forth above. This minimum allocation to the employee shall apply to all settlement agreements and judgments and shall take precedence over any employer lien or subrogation claim. Any remaining proceeds may then be allocated in accordance with existing lien and subrogation principles.
SECTION 1. Section 3852 of the Labor Code is amended to read:
### SECTION 1.
3852. (a) The claim of an employee, including, but not limited to, any peace officer or firefighter, for compensation does not affect their claim or right of action for all damages proximately resulting from the injury or death against any person other than the employer. Except as provided in subdivision (b), an employer who pays, or becomes obligated to pay compensation, or who pays, or becomes obligated to pay salary in lieu of compensation, or who pays or becomes obligated to pay an amount to the Department of Industrial Relations pursuant to Section 4706.5, may likewise make a claim or bring an action against the third person. In the latter event the employer may recover in the same suit, in addition to the total amount of compensation, damages for which they were liable including all salary, wage, pension, or other emolument paid to the employee or to their dependents. The respective rights against the third person of the heirs of an employee claiming under Section 377.60 of the Code of Civil Procedure, and an employer claiming pursuant to this section, shall be determined by the court.(b) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer shall not make a claim or bring an action against the third person. injured employee shall be entitled to receive not less than two-thirds of the third-party defendants applicable liability insurance policy limits, provided that both of the following are true:(1) The employee establishes that their total damages exceed the net recovery available after satisfaction of the employers claim.(2) The total liability insurance limits available are insufficient to fully compensate the employer and employees proven damages.(c) The two-thirds minimum allocation under this section is intended to reflect a fair and equitable share of the recovery in light of the injured employees total damages, attorneys fees, and costs of suit, and shall be deemed exclusive of any lien or offset by the employer.(d) The employers right to reimbursement or subrogation under this chapter shall be subordinate to the minimum recovery threshold set forth above. This minimum allocation to the employee shall apply to all settlement agreements and judgments and shall take precedence over any employer lien or subrogation claim. Any remaining proceeds may then be allocated in accordance with existing lien and subrogation principles.
3852. (a) The claim of an employee, including, but not limited to, any peace officer or firefighter, for compensation does not affect their claim or right of action for all damages proximately resulting from the injury or death against any person other than the employer. Except as provided in subdivision (b), an employer who pays, or becomes obligated to pay compensation, or who pays, or becomes obligated to pay salary in lieu of compensation, or who pays or becomes obligated to pay an amount to the Department of Industrial Relations pursuant to Section 4706.5, may likewise make a claim or bring an action against the third person. In the latter event the employer may recover in the same suit, in addition to the total amount of compensation, damages for which they were liable including all salary, wage, pension, or other emolument paid to the employee or to their dependents. The respective rights against the third person of the heirs of an employee claiming under Section 377.60 of the Code of Civil Procedure, and an employer claiming pursuant to this section, shall be determined by the court.(b) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer shall not make a claim or bring an action against the third person. injured employee shall be entitled to receive not less than two-thirds of the third-party defendants applicable liability insurance policy limits, provided that both of the following are true:(1) The employee establishes that their total damages exceed the net recovery available after satisfaction of the employers claim.(2) The total liability insurance limits available are insufficient to fully compensate the employer and employees proven damages.(c) The two-thirds minimum allocation under this section is intended to reflect a fair and equitable share of the recovery in light of the injured employees total damages, attorneys fees, and costs of suit, and shall be deemed exclusive of any lien or offset by the employer.(d) The employers right to reimbursement or subrogation under this chapter shall be subordinate to the minimum recovery threshold set forth above. This minimum allocation to the employee shall apply to all settlement agreements and judgments and shall take precedence over any employer lien or subrogation claim. Any remaining proceeds may then be allocated in accordance with existing lien and subrogation principles.
3852. (a) The claim of an employee, including, but not limited to, any peace officer or firefighter, for compensation does not affect their claim or right of action for all damages proximately resulting from the injury or death against any person other than the employer. Except as provided in subdivision (b), an employer who pays, or becomes obligated to pay compensation, or who pays, or becomes obligated to pay salary in lieu of compensation, or who pays or becomes obligated to pay an amount to the Department of Industrial Relations pursuant to Section 4706.5, may likewise make a claim or bring an action against the third person. In the latter event the employer may recover in the same suit, in addition to the total amount of compensation, damages for which they were liable including all salary, wage, pension, or other emolument paid to the employee or to their dependents. The respective rights against the third person of the heirs of an employee claiming under Section 377.60 of the Code of Civil Procedure, and an employer claiming pursuant to this section, shall be determined by the court.(b) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer shall not make a claim or bring an action against the third person. injured employee shall be entitled to receive not less than two-thirds of the third-party defendants applicable liability insurance policy limits, provided that both of the following are true:(1) The employee establishes that their total damages exceed the net recovery available after satisfaction of the employers claim.(2) The total liability insurance limits available are insufficient to fully compensate the employer and employees proven damages.(c) The two-thirds minimum allocation under this section is intended to reflect a fair and equitable share of the recovery in light of the injured employees total damages, attorneys fees, and costs of suit, and shall be deemed exclusive of any lien or offset by the employer.(d) The employers right to reimbursement or subrogation under this chapter shall be subordinate to the minimum recovery threshold set forth above. This minimum allocation to the employee shall apply to all settlement agreements and judgments and shall take precedence over any employer lien or subrogation claim. Any remaining proceeds may then be allocated in accordance with existing lien and subrogation principles.
3852. (a) The claim of an employee, including, but not limited to, any peace officer or firefighter, for compensation does not affect their claim or right of action for all damages proximately resulting from the injury or death against any person other than the employer. Except as provided in subdivision (b), an employer who pays, or becomes obligated to pay compensation, or who pays, or becomes obligated to pay salary in lieu of compensation, or who pays or becomes obligated to pay an amount to the Department of Industrial Relations pursuant to Section 4706.5, may likewise make a claim or bring an action against the third person. In the latter event the employer may recover in the same suit, in addition to the total amount of compensation, damages for which they were liable including all salary, wage, pension, or other emolument paid to the employee or to their dependents. The respective rights against the third person of the heirs of an employee claiming under Section 377.60 of the Code of Civil Procedure, and an employer claiming pursuant to this section, shall be determined by the court.
###### 3852.
(b) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer shall not make a claim or bring an action against the third person. injured employee shall be entitled to receive not less than two-thirds of the third-party defendants applicable liability insurance policy limits, provided that both of the following are true:
(1) The employee establishes that their total damages exceed the net recovery available after satisfaction of the employers claim.
(2) The total liability insurance limits available are insufficient to fully compensate the employer and employees proven damages.
(c) The two-thirds minimum allocation under this section is intended to reflect a fair and equitable share of the recovery in light of the injured employees total damages, attorneys fees, and costs of suit, and shall be deemed exclusive of any lien or offset by the employer.
(d) The employers right to reimbursement or subrogation under this chapter shall be subordinate to the minimum recovery threshold set forth above. This minimum allocation to the employee shall apply to all settlement agreements and judgments and shall take precedence over any employer lien or subrogation claim. Any remaining proceeds may then be allocated in accordance with existing lien and subrogation principles.
SEC. 2. Section 3858 of the Labor Code is amended to read:3858. (a) Except as provided in subdivision (b), after payment of litigation expenses and attorneys attorneys fees fixed by the court pursuant to Section 3856 and payment of the employers lien, the employer shall be relieved from the obligation to pay further compensation to or on behalf of the employee under this division up to the entire amount of the balance of the judgment, if satisfied, without any deduction. No satisfaction of such judgment in whole or in part, shall be valid without giving the employer notice and a reasonable opportunity to perfect and satisfy their lien.(b)If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer shall not be relieved from the obligation to pay further compensation to or on behalf of the employee.(b) In any case governed by subdivision (b) of Section 3852 where the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employers lien or subrogation rights shall be limited to the portion of the recovery not allocated to the employee and the employer shall have no right to assert any credit or offset against future workers compensation benefits owed to the employee, including, but not limited to, temporary disability, permanent disability, medical treatment, or vocational rehabilitation. The recovery allocated to the employee under subdivision (b) of Section 3852 shall not affect or diminish the employers obligation to provide any compensation under this division.
SEC. 2. Section 3858 of the Labor Code is amended to read:
### SEC. 2.
3858. (a) Except as provided in subdivision (b), after payment of litigation expenses and attorneys attorneys fees fixed by the court pursuant to Section 3856 and payment of the employers lien, the employer shall be relieved from the obligation to pay further compensation to or on behalf of the employee under this division up to the entire amount of the balance of the judgment, if satisfied, without any deduction. No satisfaction of such judgment in whole or in part, shall be valid without giving the employer notice and a reasonable opportunity to perfect and satisfy their lien.(b)If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer shall not be relieved from the obligation to pay further compensation to or on behalf of the employee.(b) In any case governed by subdivision (b) of Section 3852 where the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employers lien or subrogation rights shall be limited to the portion of the recovery not allocated to the employee and the employer shall have no right to assert any credit or offset against future workers compensation benefits owed to the employee, including, but not limited to, temporary disability, permanent disability, medical treatment, or vocational rehabilitation. The recovery allocated to the employee under subdivision (b) of Section 3852 shall not affect or diminish the employers obligation to provide any compensation under this division.
3858. (a) Except as provided in subdivision (b), after payment of litigation expenses and attorneys attorneys fees fixed by the court pursuant to Section 3856 and payment of the employers lien, the employer shall be relieved from the obligation to pay further compensation to or on behalf of the employee under this division up to the entire amount of the balance of the judgment, if satisfied, without any deduction. No satisfaction of such judgment in whole or in part, shall be valid without giving the employer notice and a reasonable opportunity to perfect and satisfy their lien.(b)If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer shall not be relieved from the obligation to pay further compensation to or on behalf of the employee.(b) In any case governed by subdivision (b) of Section 3852 where the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employers lien or subrogation rights shall be limited to the portion of the recovery not allocated to the employee and the employer shall have no right to assert any credit or offset against future workers compensation benefits owed to the employee, including, but not limited to, temporary disability, permanent disability, medical treatment, or vocational rehabilitation. The recovery allocated to the employee under subdivision (b) of Section 3852 shall not affect or diminish the employers obligation to provide any compensation under this division.
3858. (a) Except as provided in subdivision (b), after payment of litigation expenses and attorneys attorneys fees fixed by the court pursuant to Section 3856 and payment of the employers lien, the employer shall be relieved from the obligation to pay further compensation to or on behalf of the employee under this division up to the entire amount of the balance of the judgment, if satisfied, without any deduction. No satisfaction of such judgment in whole or in part, shall be valid without giving the employer notice and a reasonable opportunity to perfect and satisfy their lien.(b)If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer shall not be relieved from the obligation to pay further compensation to or on behalf of the employee.(b) In any case governed by subdivision (b) of Section 3852 where the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employers lien or subrogation rights shall be limited to the portion of the recovery not allocated to the employee and the employer shall have no right to assert any credit or offset against future workers compensation benefits owed to the employee, including, but not limited to, temporary disability, permanent disability, medical treatment, or vocational rehabilitation. The recovery allocated to the employee under subdivision (b) of Section 3852 shall not affect or diminish the employers obligation to provide any compensation under this division.
3858. (a) Except as provided in subdivision (b), after payment of litigation expenses and attorneys attorneys fees fixed by the court pursuant to Section 3856 and payment of the employers lien, the employer shall be relieved from the obligation to pay further compensation to or on behalf of the employee under this division up to the entire amount of the balance of the judgment, if satisfied, without any deduction. No satisfaction of such judgment in whole or in part, shall be valid without giving the employer notice and a reasonable opportunity to perfect and satisfy their lien.
###### 3858.
(b)If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer shall not be relieved from the obligation to pay further compensation to or on behalf of the employee.
(b) In any case governed by subdivision (b) of Section 3852 where the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employers lien or subrogation rights shall be limited to the portion of the recovery not allocated to the employee and the employer shall have no right to assert any credit or offset against future workers compensation benefits owed to the employee, including, but not limited to, temporary disability, permanent disability, medical treatment, or vocational rehabilitation. The recovery allocated to the employee under subdivision (b) of Section 3852 shall not affect or diminish the employers obligation to provide any compensation under this division.
SEC. 3. Section 3859 of the Labor Code is amended to read:3859. (a) (1) Except as provided in paragraph (2), a release or settlement of any claim under this chapter as to either the employee or the employer is not 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.(2) The written consent of the employer is not needed if the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter.(b) (1) Notwithstanding anything to the contrary contained in this chapter, an employee may settle and release any claim they may have against a third party without the consent of the employer. Except as provided in paragraph (2), a settlement or release shall be subject to the employers right to proceed to recover compensation they have paid in accordance with Section 3852.(2)If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer has no right to recover compensation they have paid.(2) In any case governed by subdivision (b) of Section 3852 where the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, a settlement or release shall limit the employers claim for reimbursement to the portion of the settlement not allocated to the employee pursuant to subdivision (b) of Section 3852.
SEC. 3. Section 3859 of the Labor Code is amended to read:
### SEC. 3.
3859. (a) (1) Except as provided in paragraph (2), a release or settlement of any claim under this chapter as to either the employee or the employer is not 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.(2) The written consent of the employer is not needed if the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter.(b) (1) Notwithstanding anything to the contrary contained in this chapter, an employee may settle and release any claim they may have against a third party without the consent of the employer. Except as provided in paragraph (2), a settlement or release shall be subject to the employers right to proceed to recover compensation they have paid in accordance with Section 3852.(2)If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer has no right to recover compensation they have paid.(2) In any case governed by subdivision (b) of Section 3852 where the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, a settlement or release shall limit the employers claim for reimbursement to the portion of the settlement not allocated to the employee pursuant to subdivision (b) of Section 3852.
3859. (a) (1) Except as provided in paragraph (2), a release or settlement of any claim under this chapter as to either the employee or the employer is not 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.(2) The written consent of the employer is not needed if the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter.(b) (1) Notwithstanding anything to the contrary contained in this chapter, an employee may settle and release any claim they may have against a third party without the consent of the employer. Except as provided in paragraph (2), a settlement or release shall be subject to the employers right to proceed to recover compensation they have paid in accordance with Section 3852.(2)If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer has no right to recover compensation they have paid.(2) In any case governed by subdivision (b) of Section 3852 where the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, a settlement or release shall limit the employers claim for reimbursement to the portion of the settlement not allocated to the employee pursuant to subdivision (b) of Section 3852.
3859. (a) (1) Except as provided in paragraph (2), a release or settlement of any claim under this chapter as to either the employee or the employer is not 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.(2) The written consent of the employer is not needed if the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter.(b) (1) Notwithstanding anything to the contrary contained in this chapter, an employee may settle and release any claim they may have against a third party without the consent of the employer. Except as provided in paragraph (2), a settlement or release shall be subject to the employers right to proceed to recover compensation they have paid in accordance with Section 3852.(2)If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer has no right to recover compensation they have paid.(2) In any case governed by subdivision (b) of Section 3852 where the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, a settlement or release shall limit the employers claim for reimbursement to the portion of the settlement not allocated to the employee pursuant to subdivision (b) of Section 3852.
3859. (a) (1) Except as provided in paragraph (2), a release or settlement of any claim under this chapter as to either the employee or the employer is not 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.
###### 3859.
(2) The written consent of the employer is not needed if the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter.
(b) (1) Notwithstanding anything to the contrary contained in this chapter, an employee may settle and release any claim they may have against a third party without the consent of the employer. Except as provided in paragraph (2), a settlement or release shall be subject to the employers right to proceed to recover compensation they have paid in accordance with Section 3852.
(2)If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer has no right to recover compensation they have paid.
(2) In any case governed by subdivision (b) of Section 3852 where the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, a settlement or release shall limit the employers claim for reimbursement to the portion of the settlement not allocated to the employee pursuant to subdivision (b) of Section 3852.
SEC. 4. Section 3860 of the Labor Code is amended to read:3860. (a) (1) Except as provided in paragraph (2), a release or settlement under this chapter, with or without suit, is not valid or binding as to any party thereto without notice to both the employer and the employee, with opportunity to the employer to recover the amount of compensation the employer has paid or become obligated to pay and any special damages to which the employer may be entitled under Section 3852, and opportunity to the employee to recover all damages the employee has suffered and with provision for determination of expenses and attorneys fees as herein provided.(2) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, and the employer has no right to recover compensation, a release or settlement is valid and binding without notice to the employer. a release or settlement, with or without suit, subject to subdivision (b) of Section 3852, is not valid or binding unless it provides that the employee shall receive not less than two-thirds of the third-party insurance limits.(b) (1) Except as provided in paragraph (2) and Section 3859, the entire amount of the settlement, with or without suit, is subject to the employers full claim for reimbursement for compensation the employer has paid or become obligated to pay and any special damages to which the employer may be entitled under Section 3852, together with expenses and attorneys fees, if any, subject to the limitations in this section set forth.(2) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer has no right to reimbursement for compensation they have paid. the employers claim for reimbursement shall be limited to the portion of the settlement not allocated to the employee pursuant to subdivision (b) of Section 3852. The employer shall have no right to assert any credit or offset against future workers compensation benefits.(c) If settlement is effected, with or without suit, solely through the efforts of the employees attorney, then prior to the reimbursement of the employer, as provided in subdivision (b) hereof, there shall be deducted from the amount of the settlement the reasonable expenses incurred in effecting settlement, including costs of suit, if any, together with reasonable attorneys fees to be paid to the employees attorney, for services rendered in securing and effecting settlement for the benefit of both the employer and the employee.(d) If settlement is effected, with or without suit, solely through the efforts of the employers attorney, then, prior to the reimbursement of the employer as provided in subdivision (b) hereof, there shall be deducted from the amount of the settlement the reasonable expenses incurred in effecting settlement, including costs of suit, if any, together with reasonable attorneys fees to be paid to the employers attorney, for services rendered in securing and effecting settlement for the benefit of both the employer and the employee.(e) If both the employer and the employee are represented by the same agreed attorney or by separate attorneys in effecting a settlement, with or without suit, prior to reimbursement of the employer, as provided in subdivision (b) hereof, there shall be deducted from the amount of the settlement the reasonable expenses incurred by both the employer and the employee or on behalf of either, including costs of suit, if any, together with reasonable attorneys attorneys fees to be paid to the respective attorneys for the employer and the employee, based upon the respective services rendered in securing and effecting settlement for the benefit of the party represented. If both parties are represented by the same attorney, by agreement, the attorneys fees shall be based on the services rendered for the benefit of both.(f) The amount of expenses and attorneys fees referred to in this section shall, on settlement of suit, or on any settlement requiring court approval, be set by the court. In all other cases these amounts shall be set by the appeals board. If the employer and the employee are represented by separate attorneys they may propose to the court or the appeals board, for consideration and determination, the amount and division of those expenses and fees.
SEC. 4. Section 3860 of the Labor Code is amended to read:
### SEC. 4.
3860. (a) (1) Except as provided in paragraph (2), a release or settlement under this chapter, with or without suit, is not valid or binding as to any party thereto without notice to both the employer and the employee, with opportunity to the employer to recover the amount of compensation the employer has paid or become obligated to pay and any special damages to which the employer may be entitled under Section 3852, and opportunity to the employee to recover all damages the employee has suffered and with provision for determination of expenses and attorneys fees as herein provided.(2) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, and the employer has no right to recover compensation, a release or settlement is valid and binding without notice to the employer. a release or settlement, with or without suit, subject to subdivision (b) of Section 3852, is not valid or binding unless it provides that the employee shall receive not less than two-thirds of the third-party insurance limits.(b) (1) Except as provided in paragraph (2) and Section 3859, the entire amount of the settlement, with or without suit, is subject to the employers full claim for reimbursement for compensation the employer has paid or become obligated to pay and any special damages to which the employer may be entitled under Section 3852, together with expenses and attorneys fees, if any, subject to the limitations in this section set forth.(2) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer has no right to reimbursement for compensation they have paid. the employers claim for reimbursement shall be limited to the portion of the settlement not allocated to the employee pursuant to subdivision (b) of Section 3852. The employer shall have no right to assert any credit or offset against future workers compensation benefits.(c) If settlement is effected, with or without suit, solely through the efforts of the employees attorney, then prior to the reimbursement of the employer, as provided in subdivision (b) hereof, there shall be deducted from the amount of the settlement the reasonable expenses incurred in effecting settlement, including costs of suit, if any, together with reasonable attorneys fees to be paid to the employees attorney, for services rendered in securing and effecting settlement for the benefit of both the employer and the employee.(d) If settlement is effected, with or without suit, solely through the efforts of the employers attorney, then, prior to the reimbursement of the employer as provided in subdivision (b) hereof, there shall be deducted from the amount of the settlement the reasonable expenses incurred in effecting settlement, including costs of suit, if any, together with reasonable attorneys fees to be paid to the employers attorney, for services rendered in securing and effecting settlement for the benefit of both the employer and the employee.(e) If both the employer and the employee are represented by the same agreed attorney or by separate attorneys in effecting a settlement, with or without suit, prior to reimbursement of the employer, as provided in subdivision (b) hereof, there shall be deducted from the amount of the settlement the reasonable expenses incurred by both the employer and the employee or on behalf of either, including costs of suit, if any, together with reasonable attorneys attorneys fees to be paid to the respective attorneys for the employer and the employee, based upon the respective services rendered in securing and effecting settlement for the benefit of the party represented. If both parties are represented by the same attorney, by agreement, the attorneys fees shall be based on the services rendered for the benefit of both.(f) The amount of expenses and attorneys fees referred to in this section shall, on settlement of suit, or on any settlement requiring court approval, be set by the court. In all other cases these amounts shall be set by the appeals board. If the employer and the employee are represented by separate attorneys they may propose to the court or the appeals board, for consideration and determination, the amount and division of those expenses and fees.
3860. (a) (1) Except as provided in paragraph (2), a release or settlement under this chapter, with or without suit, is not valid or binding as to any party thereto without notice to both the employer and the employee, with opportunity to the employer to recover the amount of compensation the employer has paid or become obligated to pay and any special damages to which the employer may be entitled under Section 3852, and opportunity to the employee to recover all damages the employee has suffered and with provision for determination of expenses and attorneys fees as herein provided.(2) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, and the employer has no right to recover compensation, a release or settlement is valid and binding without notice to the employer. a release or settlement, with or without suit, subject to subdivision (b) of Section 3852, is not valid or binding unless it provides that the employee shall receive not less than two-thirds of the third-party insurance limits.(b) (1) Except as provided in paragraph (2) and Section 3859, the entire amount of the settlement, with or without suit, is subject to the employers full claim for reimbursement for compensation the employer has paid or become obligated to pay and any special damages to which the employer may be entitled under Section 3852, together with expenses and attorneys fees, if any, subject to the limitations in this section set forth.(2) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer has no right to reimbursement for compensation they have paid. the employers claim for reimbursement shall be limited to the portion of the settlement not allocated to the employee pursuant to subdivision (b) of Section 3852. The employer shall have no right to assert any credit or offset against future workers compensation benefits.(c) If settlement is effected, with or without suit, solely through the efforts of the employees attorney, then prior to the reimbursement of the employer, as provided in subdivision (b) hereof, there shall be deducted from the amount of the settlement the reasonable expenses incurred in effecting settlement, including costs of suit, if any, together with reasonable attorneys fees to be paid to the employees attorney, for services rendered in securing and effecting settlement for the benefit of both the employer and the employee.(d) If settlement is effected, with or without suit, solely through the efforts of the employers attorney, then, prior to the reimbursement of the employer as provided in subdivision (b) hereof, there shall be deducted from the amount of the settlement the reasonable expenses incurred in effecting settlement, including costs of suit, if any, together with reasonable attorneys fees to be paid to the employers attorney, for services rendered in securing and effecting settlement for the benefit of both the employer and the employee.(e) If both the employer and the employee are represented by the same agreed attorney or by separate attorneys in effecting a settlement, with or without suit, prior to reimbursement of the employer, as provided in subdivision (b) hereof, there shall be deducted from the amount of the settlement the reasonable expenses incurred by both the employer and the employee or on behalf of either, including costs of suit, if any, together with reasonable attorneys attorneys fees to be paid to the respective attorneys for the employer and the employee, based upon the respective services rendered in securing and effecting settlement for the benefit of the party represented. If both parties are represented by the same attorney, by agreement, the attorneys fees shall be based on the services rendered for the benefit of both.(f) The amount of expenses and attorneys fees referred to in this section shall, on settlement of suit, or on any settlement requiring court approval, be set by the court. In all other cases these amounts shall be set by the appeals board. If the employer and the employee are represented by separate attorneys they may propose to the court or the appeals board, for consideration and determination, the amount and division of those expenses and fees.
3860. (a) (1) Except as provided in paragraph (2), a release or settlement under this chapter, with or without suit, is not valid or binding as to any party thereto without notice to both the employer and the employee, with opportunity to the employer to recover the amount of compensation the employer has paid or become obligated to pay and any special damages to which the employer may be entitled under Section 3852, and opportunity to the employee to recover all damages the employee has suffered and with provision for determination of expenses and attorneys fees as herein provided.(2) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, and the employer has no right to recover compensation, a release or settlement is valid and binding without notice to the employer. a release or settlement, with or without suit, subject to subdivision (b) of Section 3852, is not valid or binding unless it provides that the employee shall receive not less than two-thirds of the third-party insurance limits.(b) (1) Except as provided in paragraph (2) and Section 3859, the entire amount of the settlement, with or without suit, is subject to the employers full claim for reimbursement for compensation the employer has paid or become obligated to pay and any special damages to which the employer may be entitled under Section 3852, together with expenses and attorneys fees, if any, subject to the limitations in this section set forth.(2) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer has no right to reimbursement for compensation they have paid. the employers claim for reimbursement shall be limited to the portion of the settlement not allocated to the employee pursuant to subdivision (b) of Section 3852. The employer shall have no right to assert any credit or offset against future workers compensation benefits.(c) If settlement is effected, with or without suit, solely through the efforts of the employees attorney, then prior to the reimbursement of the employer, as provided in subdivision (b) hereof, there shall be deducted from the amount of the settlement the reasonable expenses incurred in effecting settlement, including costs of suit, if any, together with reasonable attorneys fees to be paid to the employees attorney, for services rendered in securing and effecting settlement for the benefit of both the employer and the employee.(d) If settlement is effected, with or without suit, solely through the efforts of the employers attorney, then, prior to the reimbursement of the employer as provided in subdivision (b) hereof, there shall be deducted from the amount of the settlement the reasonable expenses incurred in effecting settlement, including costs of suit, if any, together with reasonable attorneys fees to be paid to the employers attorney, for services rendered in securing and effecting settlement for the benefit of both the employer and the employee.(e) If both the employer and the employee are represented by the same agreed attorney or by separate attorneys in effecting a settlement, with or without suit, prior to reimbursement of the employer, as provided in subdivision (b) hereof, there shall be deducted from the amount of the settlement the reasonable expenses incurred by both the employer and the employee or on behalf of either, including costs of suit, if any, together with reasonable attorneys attorneys fees to be paid to the respective attorneys for the employer and the employee, based upon the respective services rendered in securing and effecting settlement for the benefit of the party represented. If both parties are represented by the same attorney, by agreement, the attorneys fees shall be based on the services rendered for the benefit of both.(f) The amount of expenses and attorneys fees referred to in this section shall, on settlement of suit, or on any settlement requiring court approval, be set by the court. In all other cases these amounts shall be set by the appeals board. If the employer and the employee are represented by separate attorneys they may propose to the court or the appeals board, for consideration and determination, the amount and division of those expenses and fees.
3860. (a) (1) Except as provided in paragraph (2), a release or settlement under this chapter, with or without suit, is not valid or binding as to any party thereto without notice to both the employer and the employee, with opportunity to the employer to recover the amount of compensation the employer has paid or become obligated to pay and any special damages to which the employer may be entitled under Section 3852, and opportunity to the employee to recover all damages the employee has suffered and with provision for determination of expenses and attorneys fees as herein provided.
###### 3860.
(2) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, and the employer has no right to recover compensation, a release or settlement is valid and binding without notice to the employer. a release or settlement, with or without suit, subject to subdivision (b) of Section 3852, is not valid or binding unless it provides that the employee shall receive not less than two-thirds of the third-party insurance limits.
(b) (1) Except as provided in paragraph (2) and Section 3859, the entire amount of the settlement, with or without suit, is subject to the employers full claim for reimbursement for compensation the employer has paid or become obligated to pay and any special damages to which the employer may be entitled under Section 3852, together with expenses and attorneys fees, if any, subject to the limitations in this section set forth.
(2) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer has no right to reimbursement for compensation they have paid. the employers claim for reimbursement shall be limited to the portion of the settlement not allocated to the employee pursuant to subdivision (b) of Section 3852. The employer shall have no right to assert any credit or offset against future workers compensation benefits.
(c) If settlement is effected, with or without suit, solely through the efforts of the employees attorney, then prior to the reimbursement of the employer, as provided in subdivision (b) hereof, there shall be deducted from the amount of the settlement the reasonable expenses incurred in effecting settlement, including costs of suit, if any, together with reasonable attorneys fees to be paid to the employees attorney, for services rendered in securing and effecting settlement for the benefit of both the employer and the employee.
(d) If settlement is effected, with or without suit, solely through the efforts of the employers attorney, then, prior to the reimbursement of the employer as provided in subdivision (b) hereof, there shall be deducted from the amount of the settlement the reasonable expenses incurred in effecting settlement, including costs of suit, if any, together with reasonable attorneys fees to be paid to the employers attorney, for services rendered in securing and effecting settlement for the benefit of both the employer and the employee.
(e) If both the employer and the employee are represented by the same agreed attorney or by separate attorneys in effecting a settlement, with or without suit, prior to reimbursement of the employer, as provided in subdivision (b) hereof, there shall be deducted from the amount of the settlement the reasonable expenses incurred by both the employer and the employee or on behalf of either, including costs of suit, if any, together with reasonable attorneys attorneys fees to be paid to the respective attorneys for the employer and the employee, based upon the respective services rendered in securing and effecting settlement for the benefit of the party represented. If both parties are represented by the same attorney, by agreement, the attorneys fees shall be based on the services rendered for the benefit of both.
(f) The amount of expenses and attorneys fees referred to in this section shall, on settlement of suit, or on any settlement requiring court approval, be set by the court. In all other cases these amounts shall be set by the appeals board. If the employer and the employee are represented by separate attorneys they may propose to the court or the appeals board, for consideration and determination, the amount and division of those expenses and fees.
SEC. 5. Section 3861 of the Labor Code is amended to read:3861. (a) Except as provided in subdivision (b), the appeals board is empowered to and shall allow, as a credit to the employer to be applied against their liability for compensation, such amount of any recovery by the employee for their injury, either by settlement or after judgment, as has not theretofore been applied to the payment of expenses or attorneys fees, pursuant to the provisions of Sections 3856, 3858, and 3860, or has not been applied to reimburse the employer.(b) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer has no right to recover compensation they have paid or assert a credit to be applied against their liability for compensation. the employer shall not assert, claim, or enforce any credit or offset against any future workers compensation benefits, including, but not limited to, future indemnity, medical, and vocational rehabilitation benefits, based on the employees civil recovery from a third-party tortfeasor. The appeals board is not empowered and shall not allow such a credit to be applied to the employer.
SEC. 5. Section 3861 of the Labor Code is amended to read:
### SEC. 5.
3861. (a) Except as provided in subdivision (b), the appeals board is empowered to and shall allow, as a credit to the employer to be applied against their liability for compensation, such amount of any recovery by the employee for their injury, either by settlement or after judgment, as has not theretofore been applied to the payment of expenses or attorneys fees, pursuant to the provisions of Sections 3856, 3858, and 3860, or has not been applied to reimburse the employer.(b) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer has no right to recover compensation they have paid or assert a credit to be applied against their liability for compensation. the employer shall not assert, claim, or enforce any credit or offset against any future workers compensation benefits, including, but not limited to, future indemnity, medical, and vocational rehabilitation benefits, based on the employees civil recovery from a third-party tortfeasor. The appeals board is not empowered and shall not allow such a credit to be applied to the employer.
3861. (a) Except as provided in subdivision (b), the appeals board is empowered to and shall allow, as a credit to the employer to be applied against their liability for compensation, such amount of any recovery by the employee for their injury, either by settlement or after judgment, as has not theretofore been applied to the payment of expenses or attorneys fees, pursuant to the provisions of Sections 3856, 3858, and 3860, or has not been applied to reimburse the employer.(b) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer has no right to recover compensation they have paid or assert a credit to be applied against their liability for compensation. the employer shall not assert, claim, or enforce any credit or offset against any future workers compensation benefits, including, but not limited to, future indemnity, medical, and vocational rehabilitation benefits, based on the employees civil recovery from a third-party tortfeasor. The appeals board is not empowered and shall not allow such a credit to be applied to the employer.
3861. (a) Except as provided in subdivision (b), the appeals board is empowered to and shall allow, as a credit to the employer to be applied against their liability for compensation, such amount of any recovery by the employee for their injury, either by settlement or after judgment, as has not theretofore been applied to the payment of expenses or attorneys fees, pursuant to the provisions of Sections 3856, 3858, and 3860, or has not been applied to reimburse the employer.(b) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer has no right to recover compensation they have paid or assert a credit to be applied against their liability for compensation. the employer shall not assert, claim, or enforce any credit or offset against any future workers compensation benefits, including, but not limited to, future indemnity, medical, and vocational rehabilitation benefits, based on the employees civil recovery from a third-party tortfeasor. The appeals board is not empowered and shall not allow such a credit to be applied to the employer.
3861. (a) Except as provided in subdivision (b), the appeals board is empowered to and shall allow, as a credit to the employer to be applied against their liability for compensation, such amount of any recovery by the employee for their injury, either by settlement or after judgment, as has not theretofore been applied to the payment of expenses or attorneys fees, pursuant to the provisions of Sections 3856, 3858, and 3860, or has not been applied to reimburse the employer.
###### 3861.
(b) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer has no right to recover compensation they have paid or assert a credit to be applied against their liability for compensation. the employer shall not assert, claim, or enforce any credit or offset against any future workers compensation benefits, including, but not limited to, future indemnity, medical, and vocational rehabilitation benefits, based on the employees civil recovery from a third-party tortfeasor. The appeals board is not empowered and shall not allow such a credit to be applied to the employer.
SEC. 6. Section 3862 of the Labor Code is amended to read:3862. (a) Except as provided in subdivision (b), an employer entitled to and who has been allowed and has perfected a lien upon the judgment or award in favor of an employee against any third party for damages occasioned to the same employer by payment of compensation, expenses of medical treatment, and any other charges under this act, may enforce payment of the lien against the third party, or, in case the damages recovered by the employee have been paid to the employee, against the employee to the extent of the lien, in the manner provided for enforcement of money judgments generally.(b) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer has no right to recover compensation they have paid or enforce a lien. the employers claim for reimbursement shall be limited to the portion of the settlement not allocated to the employee pursuant to subdivision (b) of Section 3852. The employer shall have no right to assert any credit or offset against future workers compensation benefits.
SEC. 6. Section 3862 of the Labor Code is amended to read:
### SEC. 6.
3862. (a) Except as provided in subdivision (b), an employer entitled to and who has been allowed and has perfected a lien upon the judgment or award in favor of an employee against any third party for damages occasioned to the same employer by payment of compensation, expenses of medical treatment, and any other charges under this act, may enforce payment of the lien against the third party, or, in case the damages recovered by the employee have been paid to the employee, against the employee to the extent of the lien, in the manner provided for enforcement of money judgments generally.(b) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer has no right to recover compensation they have paid or enforce a lien. the employers claim for reimbursement shall be limited to the portion of the settlement not allocated to the employee pursuant to subdivision (b) of Section 3852. The employer shall have no right to assert any credit or offset against future workers compensation benefits.
3862. (a) Except as provided in subdivision (b), an employer entitled to and who has been allowed and has perfected a lien upon the judgment or award in favor of an employee against any third party for damages occasioned to the same employer by payment of compensation, expenses of medical treatment, and any other charges under this act, may enforce payment of the lien against the third party, or, in case the damages recovered by the employee have been paid to the employee, against the employee to the extent of the lien, in the manner provided for enforcement of money judgments generally.(b) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer has no right to recover compensation they have paid or enforce a lien. the employers claim for reimbursement shall be limited to the portion of the settlement not allocated to the employee pursuant to subdivision (b) of Section 3852. The employer shall have no right to assert any credit or offset against future workers compensation benefits.
3862. (a) Except as provided in subdivision (b), an employer entitled to and who has been allowed and has perfected a lien upon the judgment or award in favor of an employee against any third party for damages occasioned to the same employer by payment of compensation, expenses of medical treatment, and any other charges under this act, may enforce payment of the lien against the third party, or, in case the damages recovered by the employee have been paid to the employee, against the employee to the extent of the lien, in the manner provided for enforcement of money judgments generally.(b) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer has no right to recover compensation they have paid or enforce a lien. the employers claim for reimbursement shall be limited to the portion of the settlement not allocated to the employee pursuant to subdivision (b) of Section 3852. The employer shall have no right to assert any credit or offset against future workers compensation benefits.
3862. (a) Except as provided in subdivision (b), an employer entitled to and who has been allowed and has perfected a lien upon the judgment or award in favor of an employee against any third party for damages occasioned to the same employer by payment of compensation, expenses of medical treatment, and any other charges under this act, may enforce payment of the lien against the third party, or, in case the damages recovered by the employee have been paid to the employee, against the employee to the extent of the lien, in the manner provided for enforcement of money judgments generally.
###### 3862.
(b) If the employee is a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or a firefighter, the employer has no right to recover compensation they have paid or enforce a lien. the employers claim for reimbursement shall be limited to the portion of the settlement not allocated to the employee pursuant to subdivision (b) of Section 3852. The employer shall have no right to assert any credit or offset against future workers compensation benefits.