Legal Opinion

Perrillo v. Picco & Presley

California Court of Appeal

Decided December 6, 2007No. B182561PublishedCited by 5 opinions

[CERTIFIED FOR PARTIAL PUBLICATION*]

1Opinion of the Court

Opinion

MALLANO, Acting P. J.

Employees who are injured in the course of employment are typically barred by the exclusive remedy doctrine from suing their employer for the injury and are limited to workers’ compensation. (Lab. Code, §§ 3600, subd. (a), 3602; section references are to the Labor Code unless otherwise indicated.) The employees may, however, bring a civil suit against any person other than their employer who proximately caused the injury. (§ 3852.)

Here, the employees pursued relief in both forums: They filed individual workers’ compensation cases and together brought a civil suit…

2Cases cited25 opinions

  1. Cole v. Fair Oaks Fire Protection DistrictCalifornia Supreme Court · 1987
  2. CHARLES J. VACANTI v. State Comp. Ins. FundCalifornia Supreme Court · 2001
  3. Birbrower, Montalbano, Condon & Frank v. Superior CourtCalifornia Supreme Court · 1998
  4. Braewood Convalescent Hospital v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1983
  5. Claxton v. WatersCalifornia Supreme Court · 2004

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3Cited by5 opinions

  1. Angelotti Chiropractic v. Christine BakerCourt of Appeals for the Ninth Circuit · 2015
  2. Chorn v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2016
  3. Meeks Building Center v. Workers' Compensation Appeals BoardCalifornia Court of Appeal · 2012
  4. Chorn v. Workers Comp. Appeals Bd.California Court of Appeal · 2016
  5. County of Santa Clara v. Escobar CA6California Court of Appeal · 2016

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