Scalice

William Scalice obtained a judgment against Performance Cleaning Systems for injuries caused by a fall at work on a slippery floor which Performance had maintained. The principal issue on appeal is the appropriate method of crediting workers’ compensation payments against Performance’s liability to Scalice under Proposition 51 (Civ. Code, §§ 1431-1431.5). We hold that workers’ compensation benefits are not merely “economic damages” under Proposition 51, and that the correct rule for allocating the credit is the same rule used for apportioning settlement proceeds set forth in Espinoza v. Machanga (1992) 9 Cal.App.4th 268 [ 11 Cal.Rptr.2d 498 ].

Background Facts

On February 4,1993, Scalice filed an action for damages arising out of his fall on a slippery floor while at work in a Safeway Store. Performance provided janitorial and maintenance services for the store, and allegedly caused the slippery condition of the floor. Performance answered the complaint, and affirmatively alleged negligence by Scalice and his employer, Safeway, and requested a credit against the verdict for sums Scalice had received as workers’ compensation benefits. Safeway filed a complaint in…