When a co-employee is intoxicated or proximate cause by the willful and unprovoked physical act of a co-employee, when can an IW proceed with a civil suit and collect workers’ compensation?

• A. In any case
• B. Never
• C. Only if the employer is at fault
• D. Only in the specified scenario where a co-employee's intoxication or willful unprovoked act caused the injury

Answer: (D)

In California, workers’ compensation is the exclusive remedy against the employer for on‑the‑job injuries. There is a narrow exception: if a fellow employee’s intoxication or willful, unprovoked physical act causes the injury, the injured worker may pursue a civil action against that co‑worker while still receiving workers’ compensation benefits. This means the civil suit is allowed only in that specific scenario, not in every case of injury or when the employer is at fault. The other options don’t fit because they ignore this limited exception.