What is the limitation period on an employer's right to subrogation under section 3852 of the California Labor Code?

The principle underlying the employer's right to subrogation as provided in the Labor Code is to prevent double recovery by the employee of his special damages. (Corley v. Workmen's Comp. Appeals Bd., 22 Cal.App.3d 447, 99 Cal.Rptr. 242.) The limitation period as to the employee's claim is not tolled by the fact that the special damages may be accruing during and after the one year period. It follows that the limitation period on the employer' claim is not tolled by the fact that the amount of benefits payable have not become fixed or final. Labor Code section 3852 provides that the right of the employer arises when he pays or becomes Obligated to pay Workmen's Compensation benefits.