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QUINN v. STATE OF CALIFORNIA

Docket No. S.F. 23146.

15 Cal.3d 162 (1975)

539 P.2d 761

124 Cal. Rptr. 1

THOMAS QUINN, Plaintiff and Appellant, v. THE STATE OF CALIFORNIA, Defendant and Respondent; INSURANCE COMPANY OF NORTH AMERICA, Claimant and Respondent.

Supreme Court of California. In Bank.

September 10, 1975.

Attorney(s) appearing for the Case

COUNSEL

Boccardo, Blum, Lull, Niland, Teerlink & Bell, Edward J. Niland and Stanley A. Ibler, Jr., for Plaintiff and Appellant.

Robert E. Cartwright, Edward I. Pollock, William H. Lally, Stephen I. Zetterberg, Robert G. Beloud, David B. Baum and Leonard Sacks as Amici Curiae on behalf of Plaintiff and Appellant.

Hardy, Erich & Brown and John R. Ball for Defendant and Respondent and for Claimant and Respondent.

Evelle J. Younger, Attorney General, Elizabeth Palmer, Assistant Attorney General, N. Eugene Hill, Edmund E. White and Richard M. Skinner as Amici Curiae on behalf of Defendant and Respondent and Claimant and Respondent.

OPINION

TOBRINER, J.

Under the workers' compensation statutes1 a worker may not sue his employer for a work-related injury, but he may recover a judgment from a negligent third party for such an injury. (§ 3852.) From this judgment an employer who has paid his employee compensation benefits may recoup the amount thus expended. (§ 3856.) We must now construe that portion of section 3856

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