California, United States of America
The following excerpt is from Pacific Gas & Elec. Co. v. Morse, 6 Cal.App.3d 707, 86 Cal.Rptr. 7 (Cal. App. 1970):
The amendment of section 3601 thus supplemented, in part, the objectives sought by section 3684. This supplementation is particularly apparent in subdivision (c) of section 3601 (fn. 2, supra), which protects the employer from common law liability when one employee is liable to another for culpability beyond the range of mere negligence. It is also evident in the clause which confines the coemployee's exemption to occasions when he is acting within the scope of his employment. (See, e.g., Saala v. McFarland, supra; McIvor v. Savage (1963) 220 Cal.App.2d 128, 33 Cal.Rptr. [6 Cal.App.3d 715] 740.) This feature too protects the employing industry against vicarious liability at a scale exceeding the workmen's compensation award.
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