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BAUR v. WORKERS' COMP. APPEALS BD.

No. C061042.

176 Cal.App.4th 1260 (2009)

LANCE BAUR, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD and CITY OF STOCKTON, Respondents.

Court of Appeals of California, Third District.

August 21, 2009.

Attorney(s) appearing for the Case

Mastagni, Holstedt, Amick, Miller & Johnsen and Andy Kirk for Petitioner.

No appearance by Respondent Workers' Compensation Appeals Board.

Law Office of Matthew Brueckner and Matthew Brueckner for Respondent City of Stockton.

OPINION

ROBIE, J.—

Under Labor Code section 3861, the employer of an injured employee is entitled to a credit against the employer's liability for future workers' compensation benefits out of "any recovery" the employee receives for his injury, either by settlement or after judgment, from a third party tortfeasor.

In this case, petitioner Lance Baur, a police officer employed by respondent City of Stockton (the city), was injured...

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