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4443 REVIEW DENIED An employee's action against a third party allegedly responsible for an industrial injury was not barred by the employer's settlement and dismissal of its subrogation claim against the third party for reimbursement of workers' compensation benefits it paid to the employee, because the employer failed to serve the employee with a copy of its subrogation complaint or to obtain the employee's consent to the settlement.
McKINNON v OTIS ELEVATOR (WC Subrogation) 149 CA4 1125 [See: LabC 3853, 3860, 3859; O'Dell v Freightliner 10 CA4 645, T/AT 12/92; Roski v Superior Court 17 CA3 841; INA v TLC 50 CA4 90, T/AT 12/96]
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