Rodgers v. Workers' Compensation Appeals Board

I respectfully dissent. The employer, in my view, should pay benefits equal to the proportion of damages attributable to both the employer and the employee. Only then should the employer become eligible for a statutory credit.

A tripartite relationship exists in a lawsuit involving workers’ compensation and a third party: a dispute between employer and employee is gov*343erned by workers’ compensation (Lab. Code, § 3600); between employee and third party the principles of comparative negligence apply (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 [119 Cal.Rptr. 858, 532 P.2d 1226, 78 A.L.R.3d 393]);…