Herr

©PSNION

Petitioner Morton Herr seeks reversal of a decision after reconsideration of respondent Workers’ Compensation Appeals Board (WCAB). Herr sustained a compensable industrial accident while employed by respondent County of Los Angeles (County). Herr filed a superior court action against the third party also involved in the accident. County filed a lien in the civil action pursuant to Labor Code section 3850 et seq., for reimbursement of workers’ compensation benefits paid to Herr by County. The civil action was settled by the parties. County participated in the settlement and agreed to accept approximately one-third of the amount of its lien in full satisfaction of said lien. Herr claims that the settlement now prevents County from asserting before the appeals board a claim for credit pursuant to Labor Code section 3861 against County’s further workers’ compensation liability in the amount of Herr’s net recovery on the settlement. The workers’ compensation judge held for Herr and denied County any credit. The WCAB reversed and held County entitled to such credit. We affirm the WCAB.

I

Herr, while employed by County, sustained injury arising out of and occurring in the…