Section 3859 Of Chapter 5. Subrogation Of Employer From California Labor Code >> Division 4. >> Part 1. >> Chapter 5.
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. (a) No release or settlement of any claim under this chapter
as to either the employee or the employer is valid without the
written consent of both. Proof of service filed with the court is
sufficient in any action or proceeding where such approval is
required by law.
(b) Notwithstanding anything to the contrary contained in this
chapter, an employee may settle and release any claim he may have
against a third party without the consent of the employer. Such
settlement or release shall be subject to the employer's right to
proceed to recover compensation he has paid in accordance with
Section 3852.