McCoy v. Zahniser Graphics, Inc.

Opinion

VOGEL (C. S.), J.

Introduction

Kenneth McCoy was injured at work while operating a printing press. McCoy sued, inter alia, his employer, Zahniser Graphics, Inc. To avoid the exclusivity provisions of the workers’ compensation system, McCoy relied upon Labor Code section 4558. That section permits an employee to file a personal injury action against the employer when the injury results from use of a power press which lacks a safety device referred to as a point of operation guard. Zahniser was granted summary judgment on the basis that the printing press involved in the accident was not a…