Jordan

Petitioner seeks a writ of mandate to compel the trial court to set aside its order sustaining a demurrer to petitioner’s complaint-in-intervention. We conclude that the writ should be granted.

Facts

Petitioner was delivering bread for his employer, French American Bakery Company, at Gelson’s Market (Gelson’s) when he fell and injured himself. Associated Indemnity Corporation (Associated), the workers’ compensation carrier for petitioner’s employer, paid disability and medical benefits to the petitioner. Two days prior to the one year anniversary of petitioner’s accident, Associated filed suit against Gel-son’s for reimbursement of the money that Associated had paid to the petitioner. Three weeks later, one year and eighteen days after the accident, petitioner filed a complaint-in-intervention against Gelson’s, seeking general and special damages for his injuries. Gelson’s successfully demurred to the petitioner’s complaint on the ground that the action was barred by the statute of limitations.

Discussion

An employer is liable for payment of workers’ compensation to an employee when the employee sustains an injury “arising out of and in the course of the employment,”…