Perry

Plaintiff Susan Perry appeals from a judgment in favor of defendant Heavenly Valley (Heavenly) in an action for negligence, entered after the trial court granted Heavenly’s motion for summary judgment. Plaintiff contends the court erred in determining an amendment to the Workers’ Compensation Act which severely limited the “dual capacity doctrine” applies retroactively to the present case. (Lab. Code, § 3602, subd. (a); Stats. 1982, ch. 922, § 6.) We agree and shall reverse the judgment.

Facts

On October 10, 1979, plaintiff filed a complaint alleging she was employed by Heavenly as a ski racing coach at its ski resort. At her request, an employee of Heavenly’s ski rental and repair shop mounted bindings on her skis. The shop provides ski rentals and repairs to the general public. As a proximate cause of the employee’s negligence in mounting plaintiff’s bindings, they separated from the skis while plaintiff was engaged in the performance of her duties as a racing coach, causing her to fall and sustain injuries. Plaintiff applied for and received workers’ compensation benefits.

Heavenly demurred and filed a motion to dismiss, asserting the court did not have subject…