Hendy v. Losse

Opinion

BAXTER, J.

Review was granted in this matter to determine the effect, if any, of a 1982 amendment of Labor Code section 3602, 1 on the right of a person who suffers an industrial injury to sue a coemployee physician whose treatment allegedly aggravated the injury. The Court of Appeal held that while section 3602, as amended, no longer permits actions against a physician employer under the “dual capacity” doctrine, a coemployee action may be maintained under section 3601.

We disagree. While the Court of Appeal was correct in its conclusion that section 3601 alone governs the right of an…