If either the employee or the employer brings an action against such third person, he shall forthwith give to the other a copy of the complaint by personal service or certified mail. Proof of such service shall be filed in such action. If the action is brought by either the employer or employee, the other may, at any time before trial on the facts, join as party plaintiff or shall consolidate his action, if brought independently.
Cal. Lab. Code § 3853
Subrogation of Employer
Applied in 11 court decisions — leading case 152 Cal. App. 3d 1009 - Catello v. I.T.T. General Controls (1984)
Most recently applied in 176 Cal. App. 4th 408 - Lin v. City of Pleasanton (August 2009)
Amended by Stats. 1980, Ch. 582.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.