Legal Opinion
Draper v. Aceto
California Supreme Court
Decided November 1, 2001No. S088872PublishedCited by 9 opinions
1Opinion of the Court
Opinion
KENNARD, J.
When an employee is injured at work through the fault of someone other than the employer, the Workers’ Compensation Act (Lab. Code, § 3200 et seq.)1 permits the employee not only to claim workers’ compensation benefits from the employer but also to recover personal injury damages from the party at fault. (§ 3852.) To obtain reimbursement for the cost of the benefits paid to the employee, the employer may bring its own action against this third party, or it may intervene in the employee’s personal injury action. (§§ 3852-3853.) If the third party action or actions result in a…
2Cases cited8 opinions
- Phelps v. StostadCalifornia Supreme Court · 1997
- Estate of KortheCalifornia Court of Appeal · 1970
- Summers v. NewmanCalifornia Supreme Court · 1999
- Crampton v. TakegoshiCalifornia Court of Appeal · 1993
- Gapusan v. JayCalifornia Court of Appeal · 1998
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Peart v. District of Columbia Housing AuthorityDistrict of Columbia Court of Appeals · 2009
- Collins v. Union Pacific RailroadCalifornia Court of Appeal · 2012
- Mitchell v. State Farm Mutual Automobile Insurance Co.Supreme Court of Alabama · 2012
- Elsner v. UvegesCalifornia Court of Appeal · 2003
- Estate of StevensonCalifornia Court of Appeal · 2006
4 more not listed; retrieve them via the Exa API.