Does a settlement of a claim for reimbursement of past benefits affect the employer's right to obtain a credit for future benefits?

The employer's or carrier's settlement of its claim for reimbursement of past benefits (often called its "lien claim") does not affects its right to obtain a credit for future benefits. (See, e.g., Curtis v. State of California ex rel. Dept of Transportation (1982) 128 Cal.App.3d 668, 683 ["[T]he waiver, failure to assert, or settlement of a lien claim in a civil action is not necessarily a settlement or waiver of the credit right. . . . [] . . . The right to a credit [and the right to a] reimbursement are separate and distinct rights and the waiver of a right to reimbursement does not mean that a credit right has been waived."].) This is because the employer or carrier, in its independent action against the third party tortfeasor, "cannot recover for workers' compensation benefits not yet determined by the appeals board."⁵ (Herr v. Workers' Comp. Appeals Bd. (1979) 98 Cal.App.3d 321, 327.)