Is a passive beneficiary required to pay attorney fees?

Labor Code section 3856 is a statutory application of the "so-called 'common fund doctrine.' [Citation.] That is, a party who expends attorney fees in winning a lawsuit which creates a fund from which others derive benefits may require those passive beneficiaries to bear a fair share of the litigation costs. The amount of the judgment owing to the passive beneficiary

may be reduced to compensate the active litigant for his attorney fees." (Walsh v. Woods (1986) 187 Cal.App.3d 1273, 1276.)