Lake

Suzan Lake appeals from an order sustaining the demurrer of respondents Lakewood Chiropractic Center (Lakewood) and Phillis Hickman to her second amended complaint without leave to amend, and the judgment of dismissal entered thereon. She contends that she was entitled to maintain this tort lawsuit for medical malpractice and damages even though in a previous workers’ compensation proceeding, the Workers’ Compensation Appeals Board (WCAB) had determined that the injury on which this lawsuit is based arose out of and occurred in the course of her employment with Lakewood, and had awarded her workers’ compensation benefits for the injury. We disagree with appellant’s position and therefore affirm the judgment.

Factual and Procedural Background

In November 1990, appellant filed a workers’ compensation claim for injury to her lower back incurred on August 11, 1990, in the course of her employment with Lakewood. The WCAB found that appellant, as an employee of Lakewood, received free chiropractic manipulations as a benefit of her employment; that appellant received injuries to her left hip and lower back upon being manipulated by Dr. Charles Bixby, a chiropractor who was an…