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0444 If a third party sued by an employee who has received workers' compensation benefits alleges that the employer's negligence was a cause of the employee's injury, the employer seeking to regain the benefits paid cannot rely on its lien against the proceeds of the employee's action, but must intervene in the action.CitationAETNA v SUPERIOR COURT (No Lien) 20 CA4 1502 [See: LabC 3600 etseq, 3852, 3853, 3856, 3859, 3860; CJL v Universal 18 CA4 376; Witt v Jackson 57 C2 57; Associated v WCAB 22 C3 829; DaFonte v UpRight 2 C4 593]
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