Scalice v. Performance Cleaning Systems

Opinion

DOSSEE, J.

William Scalice obtained a judgment against Performance Cleaning Systems for injuries caused by a fall at work on a slippery floor which Performance had maintained. The principal issue on appeal is the appropriate method of crediting workers’ compensation payments against Performance’s liability to Scalice under Proposition 51 (Civ. Code, §§ 1431-1431.5). We hold that workers’ compensation benefits are not merely “economic damages” under Proposition 51, and that the correct rule for allocating the credit is the same rule used for apportioning settlement proceeds set forth in…