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SWANSON v. MATTHEWS PRODUCTS, INC.

Docket No. H000340.

175 Cal.App.3d 901 (1985)

221 Cal. Rptr. 84

KEVIN SWANSON, Plaintiff and Appellant, v. MATTHEWS PRODUCTS, INC., et al., Defendants and Respondents.

Court of Appeals of California, Sixth District.

December 17, 1985.

Attorney(s) appearing for the Case

COUNSEL

W. Robert Morgan and Morgan, Morgan, Towery, Morgan & Spector for Plaintiff and Appellant.

Ropers, Majeski, Kohn, Bentley, Wagner & Kane, Mark G. Bonino and David J. Miclean for Defendants and Respondents.

OPINION

AGLIANO, Acting P.J.

Section 4558 of the Labor Code1 permits an employee's civil action for damages against his or her employer for injury caused by the absence of a power press safety guard — but only if the guard is missing under specified circumstances. This provision is an exception to the exclusive remedy scheme of the workers' compensation system. (§ 3602, subd. (a).) The trial...

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