California Court of Appeal

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LeFiell Manufacturing Co. v. Superior Court (Watrous), B254261

In an action brought by plaintiff-employee under Labor Code section 4558, which provides an exception to the exclusivity of the workers' compensation system for employees injured as a result of the employer's knowing removal of, or knowing failure to install, a point of operation guard on a power press, the trial court erred in denying defendant-employer's motion for summary judgment, where: 1) the door that was removed from the Fenn 5F swaging machine operated by plaintiff-employee is not a point of operation guard as a matter of law; and thus, 2) defendant -employer is entitled to summary judgment.

Appellate Information

  • Decided 08/06/2014
  • Published 08/06/2014

Judges

  • ALDRICH

Court

  • California Court of Appeal

Counsel