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HENDY v. LOSSE

Docket No. S018325.

54 Cal.3d 723 (1991)

819 P.2d 1

1 Cal. Rptr.2d 543

JOHN HENDY et al., Plaintiffs and Appellants, v. GARY LOSSE et al., Defendants and Respondents.

Supreme Court of California.

November 18, 1991.

Attorney(s) appearing for the Case

COUNSEL

Howarth & Smith, Don Howarth and Barbara Gregg Glenn for Plaintiffs and Appellants.

Ault, Deuprey, Jones, Danielson & Gorman, Michael J. Grace, Martin E. Costello, Thelin, Marrin, Johnson & Bridges, Curtis A. Cole, William F. Holbrook, Steven J. Bernheim, Luce, Forward, Hamilton & Scripps, Richard R. Spirra, Lawrence J. Kouns and Nathan S. Arrington for Defendants and Respondents.

Fred J. Heistand as Amicus Curiae on behalf of Defendants and Respondents.

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...

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