Harrison v. Englebrick

In Harrison v. Englebrick (1967) 254 Cal.App.2d 871, the employee filed a timely complaint and the insurer sought to intervene more than one year after the date of injury. The court held that the insurer's action was not barred by the statute of limitations. The Harrison court stated that "if the carrier files suit before the employee, and does so within one year of the date of injury, the injured employee's complaint in intervention is timely even though filed well after the one-year period has run." Then, in disposing of its own case, the court concluded, "There is no reason why the latter rule should not have equal application to those cases where, as here, the employee's action is timely filed, and the carrier seeks to intervene after the expiration of the one-year period." (254 Cal.App.2d at p. 874.)