Can an employer that has compensated an employee bring an action against a third party tortfeasor?
California, United States of America
The following excerpt is from Conservatorship of Edwards, 198 Cal.App.3d 1176, 244 Cal.Rptr. 330 (Cal. App. 1988):
The action was brought by PERS under section 3852 of the Labor Code which gives an employer that has compensated an employee a right to bring an action against a third party tortfeasor. This section has been held to give statutory recognition to the principles of equitable subrogation. (County of San Diego v. Sanfax Corp. (1977) 19 Cal.3d 862, 876, fn. 7, 140 Cal.Rptr. 638, 568 P.2d 363.)
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