King

An employee is injured on the job. Her employer is a corporation. The owners of the property on which the corporation does its business, and where the employee was injured, all owned stock in the corporation at the time of the injury. The injured employee receives workers’ compensation benefits from her corporate employer. May she also bring a legal action against the owners of the property? Yes.

Under these circumstances we hold the injured employee of the corporation is not barred by Labor Code section 3602, subdivision (a) from maintaining a third party premises liability action against the property owners. We therefore reverse the judgment entered in favor of the property owners pursuant to their motion for summary judgment.

Facts

Loretta Miller slipped and fell at a restaurant where she was employed as a waitress. The restaurant was owned by a corporation from which she received workers’ compensation benefits. Miller also brought a third party premises liability action against John and Carol King and Doug Redican as owners of the property on which the restaurant operated. The property owners sought summary judgment on the ground that, because the restaurant and…