Rosales v. Depuy Ace Medical Co.

Opinion

WERDEGAR, J.

Labor Code section 4558 (section 4558) provides an exception to the exclusivity of the workers’ compensation system for workers injured as a result of the employer’s knowingly having removed or failed to install a point of operation guard on a “power press,” defined in subdivision (a)(4) of the statute as “any material-forming machine that utilizes a die which is designed for use in the manufacture of other products.” The issue presented in this case is, generally, the meaning of “die” for purposes of section 4558 and, specifically, whether the tool used in the power lathe…