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Case Name | Wilson vs. Obedoza | |
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Date | 04/23/2009 | |
Note | [Unpublished] Malpractice claim of injured inmate/worker against treating physician barred by provisions of the Workers' Compensation Act. | |
Citation | A120321 | |
WCC Citation | WCC 35152009 CA |
Obedoza misdiagnosed Wilson as having an infection, and prescribed gentamicin for the eye infection. The trial court granted Obedoza's motion for summary judgment, finding that (1) Wilson and Obedoza were coemployees of the State of California, and (2) Wilson's suit was barred by section 3601. Here, Wilson appeared in this action, was represented by competent counsel, and fully litigated the summary judgment motion Obedoza brought against him. Proximate cause existed because Obedoza allegedly injured Wilson by aggravating his work-related injury, just as in Hendy. Furthermore, Dr. Obedoza was clearly acting within the course and scope of his employment when he diagnosed and treated Wilson.
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