Alander

I. Introduction

Eleanor Alander appeals from the trial court’s judgment following its order granting summary judgment in favor of respondent Northbay Healthcare Corporation doing business as Northbay Healthcare Foundation and VacaValley Hospital (hereinafter VacaValley). She also appeals the court’s order denying her motion for reconsideration, and its order modifying the earlier summary judgment order and denying her motion for new trial. Appellant contends that the Workers’ Compensation Act is not her exclusive remedy because the dual capacity exception allows her to bring a tort action against VacaValley, her employer, for negligent medical treatment where the doctor-patient relationship between them arose after her initial industrial injury. She further contends that her workers’ compensation benefits award received on July 7, 1992, is not res judicata as to her current medical malpractice suit.

Because we conclude that the dual capacity doctrine is not applicable and appellant’s exclusive remedy lies within the workers’ compensation scheme, we shall affirm the judgment.

II. Statement of Facts

In March of 1992, appellant became a volunteer at VacaValley. On May 7,…