Torres v. Parkhouse Tire Service, Inc.

*1000Opinion

CHIN, J.

Under an exception to the exclusivity of workers’ compensation remedies, an injured employee may bring a civil action against another employee “[w]hen the injury or death is proximately caused by the willful and unprovoked physical act of aggression of the other employee.” (Lab. Code,1 § 3601, subd. (a)(1).) The question we address is whether, as a general rule, a trial court properly may instruct the jury that the injured employee must prove that the other employee had an intent to injure in order to satisfy section 3601, subdivision (a)(1). We conclude the answer is yes.

Factua…