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ROSALES v. DEPUY ACE MEDICAL CO.

No. S078119.

92 Cal.Rptr.2d 465 (2000)

22 Cal.4th 279

991 P.2d 1256

Hector ROSALES, Plaintiff and Appellant, v. DEPUY ACE MEDICAL COMPANY, Defendant and Respondent.

Supreme Court of California.

February 7, 2000.

Attorney(s) appearing for the Case

William J. Cleary, Jr., Los Angeles; Binder & Norris and Paul S. Norris, Pasadena, for Plaintiff and Appellant.

Graham & James, James H. Broderick, Jr., Benjamin E. Goldman, Los Angeles, and Brian F. Van Vleck for Defendant and Respondent.

Finegan, Marks & Hampton, Michael A. Marks and Ellen Sims Langille, San Francisco, for California Workers' Compensation Institute as Amicus Curiae on behalf of Defendant and Respondent.

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 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...

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