What is the equitable allocation of fees and costs under section 3860 of the California Labor Code?

The equitable argument logically flows from the rationale of the majority opinion in Quinn v. State of California (1975) 15 Cal.3d 162, 124 Cal.Rptr. 1, 539 P.2d 761. It holds, as to Labor Code section 3856 and by an explicit dictum as to section 3860, ¹ that the doctrine of equitable allocation of fees and costs requires the employer to bear the costs, including attorney fees, of recovering the employer's outlays of workers' compensation from a judgment or settlement in a third party action where a single attorney represents the employee, the employer or, by agreement, both. ² It makes no sense to me

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