Southern Cal. Edison Co. v. WKRS.'COMP. APP. BD.
Opinion
Opinion
Woods, J.
Petitioner contends that when both an employer and a third party are found concurrently negligent in an employee’s accident, workers’ compensation benefits previously paid to an employee must be included in calculating an employer’s requisite credit threshold. Respondent Workers’ Compensation Appeals Board (hereinafter, WCAB) disagreed and held that the credit threshold cannot be offset by such payments. We find that previous unreimbursed payments should be included in this calculation and therefore annul the WCAB’s order and remand for further proceedings.
Facts
On November 13, 1984, petitioner Southern California Edison Company’s (hereinafter, SCE) employee and real party in interest, Gary Tate (hereinafter, Tate), sustained injuries while servicing a General Electric meter which exploded. SCE began providing workers’ compensation benefits for Tate.
Tate filed suit against third party defendant General Electric (hereinafter, GE) which settled for $340,000. After attorney’s fees and costs, Tate received a net recovery of $194,000. At this time, SCE had paid Tate $75,478 in workers’ compensation benefits. SCE filed a separate suit against GE. Subsequently, the WCAB…