County of San Diego v. Sanfax Corp.

Opinion

TOBRINER, Acting C. J.

Under Labor Code section 3852, 1 an employer who pays workers compensation benefits to an employee may sue a third party in order to recover a sum equivalent to the benefits which the employer must provide the employee, if the third party, and not the employer, is responsible for the employee’s injury. At least since our decision in Aetna Cas. etc. Co. v. Pacific Gas & Elec. Co. (1953) 41 Cal.2d 785 [264 P.2d 5, 41 A.L.R.2d 1037], California courts have consistently held that Code of Civil Procedure section 340, subdivision 3, the statute of limitations which…