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FREMONT COMPENSATION INS. v. SIERRA PINE

No. C034569.

17 Cal.Rptr.3d 80 (2004)

121 Cal.App.4th 389

FREMONT COMPENSATION INSURANCE COMPANY, Plaintiff and Appellant, v. SIERRA PINE, LTD. et al., Defendants and Respondents.

Court of Appeals of California, Third District.

August 4, 2004.

Attorney(s) appearing for the Case

Laughlin, Falbo, Levy & Moresi and James B. Knezovich, Sacramento, for Plaintiff and Appellant.

Porter, Scott, Weiberg & Delehant, Anthony S. Warburg, Sacramento, and Jack C. Woodside for Defendants and Respondents.

MORRISON, J.

The Workers Compensation Appeals Board (Board) ordered an insurance carrier to pay death benefits to the former wife of an employee killed on the job. The carrier sued alleged third party tortfeasors to recoup the money. Labor Code section 3852 (further unspecified references are to this code) allows a carrier to "bring an action against" third parties. However, the trial court ruled that section 3852 subrogated the carrier to the rights of the former...

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