Labor Code - LAB
DIVISION 4. WORKERS' COMPENSATION AND INSURANCE [3200 - 6002]
( Heading of Division 4 amended by Stats. 1979, Ch. 373. ) PART 1. SCOPE AND OPERATION [3200 - 4418]
( Part 1 enacted by Stats. 1937, Ch. 90. ) CHAPTER 5. Subrogation of Employer [3850 - 3865]
( Chapter 5 enacted by Stats. 1937, Ch. 90. ) 3855.
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.
(Enacted by Stats. 1937, Ch. 90.)