Aguilera v. Henry Soss & Co.

Opinion

VOGEL (C. S.), P. J.

Introduction

Plaintiff Juan Aguilera sued his employer Henry Soss & Co. for injuries sustained while working on a power press. Because plaintiff was injured during the course and scope of his employment, he is limited to the remedies provided by the workers’ compensation system unless he can place himself within a recognized exception to that system’s exclusivity provisions. Plaintiff relies upon the exception found in Labor Code section 4558 1 which, in pertinent part, permits a worker to sue his employer when injured by a power press being operated without a point…