Adohr Milk Farms, Inc. v. Love

This is an action by an employer under section 3852 of the Labor Code, to recover the amount of workmen’s compensation benefits paid to an employee who was injured in the course of employment by the alleged negligence of the defendants. The question squarely addressed by the appeal is whether the applicable period of limitations for commencement of the action is one year (Code Civ. Proc., § 340, subd. 3) or three years (id., § 338, subd. 1).

We have been compelled to conclude that we cannot reach the merits of the appeal, because the order appealed from— which purportedly terminated the action…