Allianz Insurance Co. v. Municipal Court

Opinion

SMITH, J.

Appellant Allianz Insurance Company is a corporation which writes workers’ compensation insurance. Appellant attempted to file with the Clerk of the Small Claims Court of the City and County of San Francisco certain claims against third party tortfeasors in order to recoup workers compensation benefits paid to injured workers as the result of the negligence of those third parties. When the clerk of the small claims court refused to file those claims, appellant filed a petition for writ of mandate in superior court, seeking an order compelling respondents, the Municipal Court of the City and County of San Francisco and the clerk of the municipal court, to file the claims in question. Respondents’ demurrer to the petition was sustained by the Honorable Ira A. Brown, and judgment was entered in favor of respondents. This timely appeal followed.

Appellant’s sole contention on appeal is that it is not an assignee within the meaning of Code of Civil Procedure section 117.5 which pro

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Mbits the filing or prosecution of a claim in small claims court by the assignee of such claim.

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We hold to the contrary. Appellant is an assignee within the meaning of section 117.5, and therefore the judgment is upheld.

The right of a workers compensation insurer to sue a third party tortfeasor to recoup benefits paid to an injured employee is based on statute. Labor Code section 3852 provides in pertinent part that “[a]ny employer who pays, or becomes obligated to pay compensation, or who pays, or becomes obligated to pay salary in lieu of compensation, may likewise make a claim or bring an action against such third person.” Labor Code section 3850 defines “employer” to include the employer’s insurer.

Appellant contends that, under the above-cited provisions of the Labor Code, it stands not as an assignee but rather as the holder of an independent statutorily created cause of action against a third party tortfeasor. Appellant by way of support cites

State Comp. Ins. Fund