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California Supreme Court Upholds Core of Proposition 22

The Workcomp Writer

This constitutional provision gives the Legislature “plenary power, unlimited by any provision of this Constitution” to create a workers’ compensation system. The Court relied heavily on its 2006 decision in Independent Energy Producers Association v. McPherson , (2006) 38 Cal.4th 4th 1020, 136 P.3d 3d 178, 44 Cal.

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Dual Employment Status Bars Double Recovery

Workers' Compensation

An employee may have dual employers but ultimately can only receive a single recovery from only one employer for work-related injuries. The “exclusivity doctrine,” permitting a complete recovery of damages against an employer, limits an injured worker’s benefit recovery to the compensation system, barring an intentional tort.