Bonner v. Workers' Compensation Appeals Board

Opinion

KING, J.

In this case involving the issue of the degree of the employer’s negligence for purposes of determining a credit against an injured employee’s recovery by settlement against a third party, we hold that the employer’s statutory duty to maintain a safe workplace cannot be delegated to a third party so as to effectively insulate the employer from liability. Where the employer has knowledge of a dangerous condition in the workplace caused by the negligence of a third party, or reasonably should have discovered it, and fails to take reasonable steps either to alleviate the danger or…