With no explanation, chose the best option from "A", "B", "C" or "D". of.. . expenses and attorney’s fee. On application of the employer, the court shall allow as a first lien against the amount of the judgment for damages or settlement proceeds, the amount of the employer’s expenditure for compensation, less his share of such expenses and attorney’s fee. If the action is prosecuted both by the employee and the employer ... [a]fter the payment of ... expenses and attorneys’ fees there shall be applied out of the amount of the judgment for damages, or settlement proceeds an amount sufficient to reimburse the employer for the amount of his expenditure for compensation and any excess shall be paid to the injured employee or other person entitled thereto. (Emphasis added); cf. Shimabuku v. Montgomery Elevator Co., 79 Hawai'i 352, 361, 903 P.2d 48, 57 (1995) (<HOLDING>). 3. All of the Case Authority Cited by the

A: holding inter alia that pursuant to hrs  3868 employer entitled to reimbursement from portion of employees settlement with thirdparty tortfeasor properly allocable to employees tort claim
B: holding employees not entitled to dismissal pursuant to section 101106f where employees failed to present the trial court with a sufficient record to satisfy their burden
C: holding that employers insurer who provided workers compensation benefits to employee but did not consent to employees settlement with thirdparty tortfeasor may maintain an action for payments that become payable in the future
D: holding employee could proceed against employer in action for fraudulent misrepresentation where employees complaint alleged inter alia employee was regularly exposed to lead fumes and dust at place of employment employer tested employees blood to monitor lead levels employer willfully and intentionally withheld employees test results which showed employee had developed leadrelated diseases and employer subsequently altered those results to induce employee to continue working for employer employee further alleged employers concealment of employees condition prevented employee from reducing his exposure to lead and obstructed him from receiving appropriate medical treatment and that delay in treatment resulted in aggravation of employees injury
A.