Section 22948 Of Chapter 2. Recovery Of Medical Costs From California Government Code >> Division 5. >> Title 2. >> Part 5. >> Chapter 2.
22948
. (a) A court or arbitrator having jurisdiction over a claim
by a participant against a third party shall additionally have
jurisdiction over apportionment of any recovery on the claim, if the
participant and the health benefits trust or any other party
asserting a lien cannot agree on an allocation.
(b) In the event of a settlement between the participant and the
third party where there is no agreement on proper apportionment of
the settlement between the participant and the health benefits trust
or any other party asserting a lien, the participant may petition the
court for a determination in accordance with this section. The
parties may introduce evidence with respect to the issue of
apportionment in any manner authorized by the Evidence Code,
including, but not limited to, introduction by sworn declaration or
by relevant discovery responses. The participant shall make available
to the health benefits trust all relevant discovery in a reasonable
and timely manner. The use of witness testimony shall be discouraged
and shall be allowed only by stipulation of the parties.
(c) In the event of a judgment where there is no agreement on
proper apportionment of the judgment between the participant and the
health benefits trust or any other party asserting a lien, the
participant may file a post-trial motion asking the court to
apportion the judgment in accordance with this section.