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DRAPER v. ACETO

No. S088872.

113 Cal.Rptr.2d 61 (2001)

26 Cal.4th 1086

33 P.3d 479

Peggy M. DRAPER, Plaintiff and Appellant, v. Byron A. ACETO et al. Defendants and Respondents.

Supreme Court of California.

November 1, 2001.

Attorney(s) appearing for the Case

Law Offices of Marvin L. Mathis and Marvin L. Mathis, Los Angeles, for Plaintiff and Appellant.

Law Offices of S. Henslee Smith and S. Henslee Smith, Tustin, for Defendants and Respondents.

KENNARD, J.

When an employee is injured at work through the fault of someone other than the employer, the Workers' Compensation Act (Lab.Code, § 3200 et seq.)1 permits the employee not only to claim workers' compensation benefits from the employer but also to recover personal injury damages from the party at fault. (§ 3852.) To obtain reimbursement for the cost of the benefits paid to the employee, the employer may bring its...

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