Can an employer rely on its lien rights in a third-party action?
California, United States of America
The following excerpt is from O'Dell v. Freightliner Corp., 10 Cal.App.4th 645, 12 Cal.Rptr.2d 774 (Cal. App. 1992):
On the other hand, if the employer's negligence has not been raised as an issue in the third-party action, the employer may rely on its lien rights. (Carden v. Otto (1974) 37 Cal.App.3d 887, 895, 112 Cal.Rptr. 749.)
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