Burrow

Statement of the Case

On April 15, 1982, Charles Burrow (plaintiff) and Beverly Burrow filed a complaint for damages against defendants Kenneth Pike as the operator and Parker & Sons Trucking as the owner of a truck which struck plaintiff while plaintiff was working for the State of California, Department of Transportation (appellant).

After first filing and then dismissing a petition to intervene in plaintiff’s lawsuit based on appellant’s payment to plaintiff of workers’ compensation expenses, appellant filed a notice of lien claim against any judgment entered in that action in favor of plaintiff (Lab. Code, § 3856, subd. (b)) for reimbursement of the same workers’ compensation expenses paid. While plaintiffs lawsuit was pending, defendants’ insurer, Western Carriers Insurance Exchange (Western), became insolvent. The California Insurance Commissioner (Commissioner) was appointed liquidator of Western’s assets, and California Insurance Guarantee Association (CIGA) administered Western’s obligations under its insurance policies. (Ins. Code, § 1063.2.)

Following trial in plaintiffs action for damages, the jury returned a verdict in favor of plaintiff against defendants…