Transport Indemnity Company v. Garcia

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “The right of reimbursement is the right to receive back that which has been paid to another.”
• statute does not create assignment of the cause of action; creates only a right of reimbursement
• where worker bore the burden of expense and risk of litigation of third-party action, insurance carrier seeking reimbursement from worker should be charged with its proportionate share of costs
• expenses of third-party action to be prorated between the employer and the worker
• “The underlying concern with third party actions is that the claimant 9 will receive a double recovery. That is, double compensation for the same injury.” 10 (internal quotation marks and citation omitted)

Source: CourtListener parenthetical corpus (CC0).