If an action as provided in this chapter prosecuted by the employee, the employer, or both jointly against the third person results in judgment against such third person, or settlement by such third person, the employer shall have no liability to reimburse or hold such third person harmless on such judgment or settlement in absence of a written agreement so to do executed prior to the injury.
Cal. Lab. Code § 3864
Subrogation of Employer
Applied in 38 court decisions — leading case 57 Cal. 2d 57 - Witt v. Jackson (1961)
Most recently applied in Aluma Systems Concrete Construction of California v. Nibbi Bros. (August 2016)
Added by Stats. 1959, Ch. 955.
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.