Can an employer be held liable in a civil action against an employee for negligence?

There is a judicially recognized exception to the exclusive remedy restriction on actions against employers known as the "dual capacity doctrine." (Hendy v. Losse (1991) 54 Cal.3d 723, 730.) This doctrine "posits that an employer may have or assume a relationship with an employee other than that of employer-employee, and that when an employee seeks damages for injuries arising out of the secondary relationship the employee's claim is not subject to the exclusive remedy provisions of the Workers' Compensation Act." (Ibid.)

For example, in the leading case of Duprey v. Shane (1952) 39 Cal.2d 781 (Duprey), the employee of a chiropractic partnership received workers' compensation benefits for an injury she suffered in the course of her employment. Nevertheless, the court held the employee could also bring an action at law against her employer for the aggravation of the injury caused by the employer's negligent treatment. The employer had no obligation to personally treat the employee but once he undertook to do so, the court held there was no logical reason why he should not be responsible in a civil action

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