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1439 If an employer is not entitled to recoup workers' compensation benefits paid to an injured employee, Prop 51 requires that the employee's judgment for economic damages against a negligent third party who contributed to the injury be reduced only by the portion of the workers' compensation award allocated to economic damages, and the allocation should be based on the allocation made by the trier of fact in the employee's action against the negligent third party.
SCALICE v PERFORMANCE (WC Offset) 50 CA4 221 [See: CivC 1431-1431.5; Espinoza v Machonga 9 CA4 268; DaFonte v Up-Right 2 C4 593; Witt v Jackson 57 C2 57]
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