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Appeal -Statutory Construction
(Fremont Comp. Ins. v. Sierra Pine )
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Appeal -Statutory Construction
(Fremont Comp. Ins. v. Sierra Pine )

DISCUSSION

The critical statute is section 3852, but we first describe its context within the Legislature’s comprehensive compensation system. (See Lungren v. Deukmejian (1988) 45 Cal.3d 727, 735 [statutes must be construed in context of statutory scheme].)

In 1911, a voluntary employer’s liability law was enacted, “whereby the risk of the employment shall be placed not upon the employee alone, but upon the employment itself.” (Governor Hiram Johnson’s First Inaugural Address, 1911, see www.governor.ca.gov and links.) The California Constitution was also amended that year to allow for a compulsory system and in 1913, such a system was enacted. The current workers’ compensation system is structurally the same as an act passed in 1917 and codified into the new Labor Code in 1937.

The policy is that workers do not have to prove fault, adjudication is swift, but the benefits are smaller than might be obtained as tort damages. (Mathews v. Workmen’s Comp. Appeals Bd. (1972) 6 Cal.3d 719, 728-734; Boehm & Associates v. Workers’ Comp. Appeals Bd. (2003) 108 Cal.App.4th 137, 142; 2 Witkin, Summary of Cal. Law (9th ed. 1987) Workers’ Compensation, §§ 1-5; Hichborn, Story of the Cal. Legislature of 1911, pp. 236-245; Hichborn, Story of the Cal. Legislature of 1913, pp. 346-347.) The law: (1) spreads the cost of industrial injuries to goods and services; (2) provides prompt, limited compensation to injured workers, regardless of fault; (3) increases industrial safety; and (4) insulates employers from tort liability. (Privette v. Superior Court (1993) 5 Cal.4th 689, 697.)

Fremont Comp. Ins. v. Sierra Pine 8/4/04 CA3

Aug 04 2004

C034569
[PDF] [DOC]

Fremont Comp. Ins. v. Sierra Pine 8/4/04 CA3

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