What is the test for a claim under section 21451 of the Government Code for medical malpractice?

We need not extend the Witt principle to the instant case for here we have a specific statute which is indicative of the legislative intent and which by its terms contemplates that a negligent employer may not take advantage of the reimbursement remedies provided for in the Government Code. (See Martin v. Board of Administration, 276 Cal.App.2d 795, 799, 81 Cal.Rptr. 432.) Section 21451 provides as follows: 'If benefits are payable under this part because of an injury or the death of a member and such injury or death is the proximate consequence of the act of a person other than his employer (the state or the employing contracting agency), the board may on behalf of this system recover from such person an amount which is the lesser of the following: (1) An amount

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