Citing references

Construing the 1939 version of the statute in question, we faced for the first time in Dodds v. Stellar (1947) 30 Cal.2d 496 [ 183 P.2d 658 ], the question of the application of equitable principles to the provisions for attorneys' fees.

Stellar (1947) 30 Cal.2d 496 , 183 P.2d 658 ( Dodds ).)

Stellar [1947, supra], 30 Cal.2d 496 [ 183 P.2d 658 ].)

Prior to the amendments, the provisions of that code were construed in Dodds v. Stellar, 30 Cal.2d 496 [ 183 P.2d 658 ].

In Dodds v. Stellar, 30 Cal.2d 496 [ 183 P.2d 658 ], it was claimed that the recovery effected therein was had “solely by virtue of the legal services of plaintiff’s counsel . . . .” ( 30 Cal.2d at p. 502 .)

Stellar (1947) 30 Cal.2d 496 [ 183 P.2d 658 ]), and that this court had, in effect, “instructed” the Legislature to enact statutory authorization for apportionment if that was its intent. (Quinn v. State of California, supra, 15 Cal.3d 162, 171 .)

Stellar, 30 Cal.2d 496 [ 183 P.2d 658 ], decided prior to the above amendment, the court said (p. 503) : “The Workmen’s Compensation Act, as carried into the Labor Code, gives the employer or its insurance carrier, upon paying or becoming obligated to pay compensation

Dodds v. Stellar, 30 Cal.2d 496, 502-506 [ 183 P.2d 658 ].)

This principle was stated many years ago in Dodds v. Stellar (1947) 30 Cal.2d 496, 506 [ 183 P.2d 658 ], in the following cogent language: "These several statutory provisions clearly define the rights of the parties and completely cover the field.

Cases 140 , Dodds v. Stellar, 30 Cal.2d 496 [ 183 P.2d 658 ]; Jacobsen v. Industrial Acc. Com., 212 Cal. 440 [ 299 P. 66 ]; Record v. Indemnity Ins. Co., 103 Cal.App.2d 434 [ 229 P.2d 851 ]. All these cases predated Witt v.

(See Dodds v. Stellar (1947) 30 Cal.2d 496, 504-505 [ 183 P.2d 658 ]; Heaton v. Kerlan (1946) 27 Cal.2d 716, 723 [ 166 P.2d 857 ]; Pacific G. & E. Co. v. Indus. Acc. Com. (1935) 8 Cal.App.2d 499, 504 [ 47 P.2d 783 ]; 2 Hanna, Cal.

Stellar, 30 Cal.2d 496 [ 183 P.2d 658 ], involving the lien of the employer or the employer’s insurance carrier on the claim of an injured workman against a third party.

See also Dodds v. Stellar, 30 Cal.2d 496 , 183 P.2d 658 . For the reasons stated, the judgment order of the circuit court of Bock Island county is reversed, and this cause is remanded to that court with directions to overrule the motion of the J. I.

Super. 242, 78 A.2d 293 , Dodds v. Stellar, 30 Cal.2d 496 , 183 P.2d 658 , and Lewis v. Railroad Retirement Board, 256 Ala. 430 , 54 So.2d 777 . On July 11, 1957, that section of the Workmen’s Compensation Act was amended (Ill. Rev.

(See Dodds v. Stellar (1947), 30 Cal. 2d 496 , 183 P.2d 658 ; Heaton v. Kerlan (1946), 27 Cal. 2d 716 , 166 P.2d 857 ; Unruh v. Truck Insurance Exchange (1972), 7 Cal. 3d 616 , 102 Cal. Rptr. 815 , 498 P.2d 1063 ; Industrial Comm’n v.

Id. at 184 (noting similar holdings in: Dodds v. Stellar, 30 Cal.2d 496 , 183 P.2d 658 (1947); Heaton v. Kerlan, 27 Cal.2d 716 , 166 P.2d 857 (1946); Industrial Comm'n v. Standard Insurance Co., 149 *322 Colo. 587, 370 P.2d 156, 158 (Co.1962); Breen v.

Justice Carter in Dodds v. Stellar, 30 Cal.2d 496 [ 183 P.2d 658 ], and in R. E. Spriggs, Inc. v. Industrial Acc.

Shane (1952) 39 Cal.2d 781, 790 [ 249 P.2d 8 ]; Dodds v. Stellar (1947) 30 Cal.2d 496, 500 [ 183 P.2d 658 ].) On appeal, Pacific asserts that the evidence was insufficient to support a judgment in its favor in any amount less than $27,393.98.

This principle was stated many years ago in Dodds v. Stellar (1947) 30 Cal.2d 496, 506 [ 183 P.2d 658 ], in the following cogent language: "These several statutory provisions clearly define the rights of the parties and completely cover the field.