California Codes
Cal. Labor Code § 3855 (2026)
✓ current as of May 2026
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If the employee joins in or prosecutes such action, either the evidence of the amount of disability indemnity or death benefit paid or to be paid by the employer or the evidence of loss of earning capacity by the employee shall be admissible, but not both. Proof of all other items of damage to either the employer or employee proximately resulting from such injury or death is admissible and is part of the damages.
Notes of Decisions
Cited in 3
cases, 1945–2012 · leading case: Ventura Cnty. Employees' Ret. Ass'n v. Pope, 87 Cal. App. 3d 938 (Cal. Ct. App. 1978).
Ventura Cnty. Employees' Ret. Ass'n v. Pope, 87 Cal. App. 3d 938 (Cal. Ct. App. 1978). “(Lab. Code, §§ 3855, 3856, 3858, 3860, 3861; Sanstad v.”
Tri-Cnty. Equip. & Leasing, LLC v. Klinke, 286 P.3d 593 (Nev. 2012). “215(10); Cal. Lab. Code § 3855 (West 2011). 2 As such, there is no conflict, and Nevada law applies even though Klinke received California workers’ compensation payments.”
Huber v. Henry J. Kaiser Co., 162 P.2d 693 (Cal. Ct. App. 1945). “” (Lab. Code, § 3855.) At the request of plaintiff the trial court instructed: “It has been established in this case that at the time and place of the happening of this accident the plaintiff Huber was employed by the Pollock-Stockton Shipyard and was acting within the course…”
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