Home Insurance v. Southern California Rapid Transit District

The law is clearly established that when an employer or its insurer files a timely action against a tortfeasor to recover workers’ compensation paid to an injured employee, the employee may intervene to *524 recover damages for personal injury even if the complaint in intervention is not filed within the statute of limitations. (Jordan v. Superior Court (1981) 116 Cal.App.3d 202 [ 172 Cal.Rptr. 30 ]; State Comp. Ins. Fund v. Matulich (1942) 55 Cal.App.2d 528 [ 131 P.2d 21 ]; State Comp. Ins. Fund v. Allen (1930) 104 Cal.App.400 [ 285 P. 1053 ].)

The issue in the case before us is whether there should be an exception to this well-established rule where the tortfeasor is a government entity. We can find no basis for carving out such an exception and, therefore, conclude the trial court erred in dismissing the employee’s complaint against the Southern California Rapid Transit District.

Facts and Proceedings Below

Bart Lee Matthews was injured when a Southern California Rapid Transit District (RTD) bus entered an intersection on a red light and struck his vehicle. Matthews was in the course and scope of his employment and driving a vehicle owned by his employer, API Alarm…