What is the test for determining vicarious liability of an employer in a workers' compensation case?
California, United States of America
The following excerpt is from Wank v. Richman & Garrett, 165 Cal.App.3d 1103, 211 Cal.Rptr. 919 (Cal. App. 1985):
"Thus while workers' compensation cases can be helpful in determining vicarious liability of the employer for torts of the employee, such cases are not controlling." (Church v. Arko (1977) 75 Cal.App.3d 291, 298-300, 142 Cal.Rptr. 92; fn. omitted.)
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