In California an injured employee receives workers compensation from his employer and can also bring an action for damages against a third party tortfeasor. The Labor Code provides the employer with subrogation rights in order to avoid double recovery by the employee. In Roe v. WCAB, the California Supreme Court held that concurrent employer negligence will bar his credit rights and that the WCAB has jurisdiction to determine the issue of employer negligence. This note traces pre-Roe appellate decisions and then analyzes and criticizes the Roe opinion. Finally, the author proposes an alternative solution utilizing certain comparative negligence principles announced in Li v. Yellow Cab Co.
Michael E. Zacharia,
Roe v. Workman's Compensation Appeals Board: Something Fishy in California Workers' Compensation Law,
27 Hastings L.J. 637
Available at: https://repository.uchastings.edu/hastings_law_journal/vol27/iss3/3