Colombo

This case presents the question whether the State of California can be an employer for purposes of a workers’ compensation claim by a state employee injured during the course of his employment with one state department and a third party tortfeasor for purposes of the employee’s civil action at law alleging that his injuries were proximately caused by the negligence of workers of a separate department of state government.

While on duty as a California Highway Patrol traffic officer, plaintiff Russell Colombo was called upon to investigate an accident on State Route 99. As he stood near one of the vehicles involved in the accident, Officer Colombo was struck by a car traveling on the highway. The driver of the car which struck the officer allegedly had lost control of the vehicle due to the icy condition of the roadway.

Having sustained serious injuries, Officer Colombo filed a workers’ compensation claim, listing the State of California Department of Highway Patrol (CHP) as his employer. In addition, after presenting a claim to the California State Board of Control in compliance with the Government Tort Claims Act (Gov. Code, § 810 et seq.), he filed a personal injury…