Bishop

Plaintiff brought a third party tort action for injuries sustained during the course and scope of his employment. The workers’ compensation carrier for plaintiff’s employer intervened. When plaintiff’s suit was dismissed under Code of Civil Procedure section 583.250 for failure to effect timely service under section 583.210, plaintiff sought unsuccessfully to intervene back into the lawsuit pursuant to Labor Code section 3853.

Plaintiff appeals from the dismissal of his action and the denial of his motion for leave to intervene. We affirm as to both.

Factual and Procedural Background

In May 1986, while employed by Coast Express, Inc., plaintiff Glenn Bishop was supervising the loading of his tractor trailer at a terminal maintained by Silva Harvesting. Plaintiff was injured when he was struck from behind by a forklift operated by an employee of Silva Harvesting. Fairmont Insurance Co., the workers’ compensation carrier for Coast Express, paid plaintiff medical and disability benefits.

On March 12, 1987, plaintiff sued Silva Harvesting and Ed Silva, individually and doing business as Silva Harvesting (hereafter referred to collectively as Silva), and several Doe…