Legal Question in Workers Comp in California

Your daughter can reimburse the employer from her settlement if the comp carrier specifically includes additional funds to cover the cost of the medical treatment. Otherwise, the employer must file a lien at the WCAB and proceed to trial against the insurance carrier. However, there should be only one workers' compensation carrier, so I believe you are confusing a civil settlement with a workers' compensation settlement. If your dauther settles her case via a civil settlement, she may be liable for paying back the employer for medical expenses from her award. My advice is to get an attorney and seek to have everything resolved in the workers' compensation courts. Otherwise your daughter may have to pay taxes on the award as well. I cannot say for sure without more information.

She may have to pay worker's compensation carrier for reimbursement of the medical expense. But she is entitled to a settlement for permanent disability from the employer and a settlement . from the third party for pain and seffering and loss of wages which are independant from each other. Feel free to call us at 213.388.7070 for a free consultation.