Popovich

In this opinion the Court discusses various questions arising under the California workers’ compensation laws. The questions arise in connection with a negligence action by an employee against a third party. The opinion deals with the rights and duties in such an action of the employee, the third party, and the employer who is seeking a lien for compensation payments on the employee’s recovery.

STATEMENT OF FACTS

In 1983 Plaintiff Daniel Popovich was employed by Martin Marietta Aerospace (Martin) which was engaged in construction work at Vandenberg Air Force Base. On June 15 of that year, Popovich, in the course and scope of his employment, fell from a ladder severely injuring his back. The ladder was designed, owned, and maintained by the government. The employer commenced payment of workers’ compensation benefits to Popovich shortly after the accident.

On May 28, 1985, Popovich commenced the instant action against the government under the Tort Claims Act. He charged the government with negligence in the way in which it constructed and maintained the ladder. The government denied any negligence on its part. Moreover, the government initially pled that Martin was…