[DOWNLOAD] "County of San Diego v. Sanfax Corp." by Supreme Court Of California " eBook PDF Kindle ePub Free
eBook details
- Title: County of San Diego v. Sanfax Corp.
- Author : Supreme Court Of California
- Release Date : January 14, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
[19 Cal3d Page 868] Under Labor Code section 3852,1 an employer who pays workers compensation benefits to an employee may sue a third party in order to recover a sum equivalent to the benefits which the employer must provide the employee, if the third party, and not the employer, is responsible for the employee's injury. At least since our decision in Aetna Cas. etc. Co. v. Pacific Gas & Elec. Co. (1953) 41 Cal. 2d 785 [264 P.2d 5, 41 A.L.R.2d 1037], California courts have consistently held that Code of Civil Procedure section 340, subdivision 3, the statute of limitations which governs actions ""for injury . . . caused by the wrongful act or neglect of another,"" governs an employer's action against a third party, just as it would govern an employee's suit against the third party. Under these decisions, an employer has one year from the date of an employee's injury in which to bring an action against a third party.