Dailey

A California resident, Timothy Dailey, employed by an Ohio corporation, was killed while working in California. Dailey’s employer paid workers’ compensation benefits in the amount required by California law. Dailey’s survivors (survivors) have claimed workers’ compensation benefits only in Ohio. At the time of the injury, the States of Ohio and California had conflicting rules wih respect to an employer’s right to reimbursement from a third party tortfeasor for workers’ compensation benefits. Ohio did not allow reimbursement. (Cincinnati Bell Telephone. Co. v. Straley (1988) 40 Ohio St.3d 372 [ 533 N.E.2d 764 ].) California did allow reimbursement at the time of the injury and still does. (Lab. Code, § 3852.) The trial court applied California law and granted reimbursement to the employer from the third party tortfeasor. Because the survivors agreed to indemnify the third party, they must reimburse the carrier unless former Ohio law is controlling. Survivors and the third party, Dallas Carriers Corporation (Dallas), appeal. We affirm.

Facts

Timothy Dailey was killed near Barstow, California when a truck driven by an employee of Dallas hit the truck Dailey was driving…