2810. Coemployees Affirmative Defense Injury Covered by Workers Compensation

2810. Coemployee's Affirmative Defense--Injury Covered by Workers' Compensation Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] claims that [he/she] is not responsible for any harm that [name of plaintiff] may have suffered because [he/she] was [name of defendant]'s coemployee and therefore can recover only under California's Workers' Compensation Act. To succeed, [name of defendant] must prove all of the following: 1. 2. That [name of plaintiff] and [name of defendant] were [name of employer]'s employees; That [name of employer] [had workers' compensation insurance [covering [name of plaintiff] at the time of injury]/was self-insured for workers' compensation claims [at the time of [name of plaintiff]'s injury]; and That [name of defendant] was acting in the scope of [his/her] employment at the time [name of plaintiff] claims [he/she] was harmed. 3. ________________________________________________________________________________ New September 2003; Revised October 2004