Third Party Liability

Cal. WIC § 14124.74

California Statutes

In the event of a settlement, judgment, or award in a suit or claim against a third party or carrier: (

a) If the action or claim is prosecuted by the beneficiary alone, the court or agency shall first order paid from any settlement, judgment, or award the reasonable litigation expenses incurred in preparation and prosecution of the action or claim, together with reasonable attorney’s fees, when an attorney has been retained. After payment of these expenses and attorney’s fees the court or agency shall, on the application of the director, allow as a first lien against the amount of the settlement, judgment, or award the amount that the director is entitled to recover as satisfaction of the director’s lien, as provided in subdivision (

d) of

Section 14124.72, and as a second lien, the amount of any claims, pursuant to

Section 14019.3, owed to a provider, as provided in

Section 14124.791. (

b) If the action or claim is prosecuted both by the beneficiary and the director, the court or agency shall first order paid from any settlement, judgment, or award, the reasonable litigation expenses incurred in preparation and prosecution of the action or claim, together with reasonable attorney’s fees based solely on the services rendered for the benefit of the beneficiary. After payment of these expenses and attorney’s fees, the court or agency shall first apply out of the balance of the settlement, judgment, or award an amount sufficient to reimburse the amount that the director is entitled to recover as satisfaction of the director’s lien, as provided under subdivision (

d) of

Section 14124.72, and then an amount sufficient to reimburse a provider who has filed a lien for any claims for services rendered to the beneficiary, as provided under

Section 14124.791.

Document details

CollectionCalifornia Statutes
CitationCal. WIC § 14124.74
Date2017-07-10
Typestatute
Languageen
SourceCA_STAT
IdentifierWIC14124.74.20175234

Third Party Liability

Cal. WIC § 14124.74

California Statutes

Third Party Liability

Cal. WIC § 14124.74

California Statutes

In the event of a settlement, judgment, or award in a suit or claim against a third party or carrier: (

a) If the action or claim is prosecuted by the beneficiary alone, the court or agency shall first order paid from any settlement, judgment, or award the reasonable litigation expenses incurred in preparation and prosecution of the action or claim, together with reasonable attorney’s fees, when an attorney has been retained. After payment of these expenses and attorney’s fees the court or agency shall, on the application of the director, allow as a first lien against the amount of the settlement, judgment, or award the amount that the director is entitled to recover as satisfaction of the director’s lien, as provided in subdivision (

d) of

Section 14124.72, and as a second lien, the amount of any claims, pursuant to

Section 14019.3, owed to a provider, as provided in

Section 14124.791. (

b) If the action or claim is prosecuted both by the beneficiary and the director, the court or agency shall first order paid from any settlement, judgment, or award, the reasonable litigation expenses incurred in preparation and prosecution of the action or claim, together with reasonable attorney’s fees based solely on the services rendered for the benefit of the beneficiary. After payment of these expenses and attorney’s fees, the court or agency shall first apply out of the balance of the settlement, judgment, or award an amount sufficient to reimburse the amount that the director is entitled to recover as satisfaction of the director’s lien, as provided under subdivision (

d) of

Section 14124.72, and then an amount sufficient to reimburse a provider who has filed a lien for any claims for services rendered to the beneficiary, as provided under

Section 14124.791.

Document details

CollectionCalifornia Statutes
CitationCal. WIC § 14124.74
Date2017-07-10
Typestatute
Languageen
SourceCA_STAT
IdentifierWIC14124.74.20175234