Summers v. Newman

Opinion

KENNARD, J.

Under the Workers’ Compensation Act (Lab. Code, § 3200 et seq.; all further undesignated statutory references are to this code), when an employee is injured on the job through the fault of someone other than the employer, the employee may both obtain workers’ compensation *1024benefits-from,_the employer and recover personal injury damages from the third party. (§ 3852.) If the employee brings a tort action against the third party, the employer1 may intervene in that action to recover the cost of the workers’ compensation benefits it has provided to the employee7'"(§~3852,)

The…