If the employee joins in or prosecutes such action, either the evidence of the amount of disability indemnity or death benefit paid or to be paid by the employer or the evidence of loss of earning capacity by the employee shall be admissible, but not both. Proof of all other items of damage to either the employer or employee proximately resulting from such injury or death is admissible and is part of the damages.
Cal. Lab. Code § 3855
Subrogation of Employer
Applied in 6 court decisions — leading case Duprey v. Shane (1952)
Most recently applied in 87 Cal. App. 3d 938 - Ventura County Employees' Retirement Ass'n v. Pope (December 1978)
Enacted by Stats. 1937, Ch. 90.
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.