Is a life insurance company entitled to claim a lien for loss of income from an injured employee?

California, United States of America

The following excerpt is from Rowland v. Workers' Comp. Appeals Bd., 136 Cal.Rptr. 1, 66 Cal.App.3d 448 (Cal. App. 1977):

Respondent's attempt to analogize its payment of disability benefits for loss of income with the payment of hospital and medical benefits in Silberg v. California Life Ins. Co., supra, 11 Cal.3d 452, 113 Cal.Rptr. 711, 521 P.2d 1103 must fail. Labor Code section 4903, subdivision (b), expressly authorizes a lien for the reasonable expense incurred by or on behalf of an injured employee for medical and hospital treatment (Lab.Code, 4600, et seq.); however, no similar authority is expressed in section 4903 for disability benefits for loss of income paid to an injured employee.

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