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ELSNER v. UVEGES

No. D037761.

130 Cal.Rptr.2d 483 (2003)

106 Cal.App.4th 73

Rowdy ELSNER, Plaintiff and Respondent, v. Carl UVEGES, Defendant and Appellant, State Compensation Insurance Fund, Intervenor and Appellant.

Court of Appeals of California, Fourth District, Division One.

January 13, 2003.

Attorney(s) appearing for the Case

Bonesteel & Associates, Summers & Shives, Scott M. Bonesteel, San Diego, Jodi E. Lambert for defendant and appellant.

Singleton & Associates, Terry Singleton, Escondido, Horatio Barraza; Daniel U. Smith, Los Angeles, for plaintiff and respondent.

Marguerite I. Delbourgo, Santa Ana, for Intervenor and Appellant.

O'ROURKE, J.

In this case we are asked to decide whether the Legislature, when it amended Labor Code section 6304.51 in 1999, repealed the long-standing rule prohibiting consideration of regulations of the California Occupational Safety and Health Act (Cal-OSHA) in tort actions by employees against parties other than their own employers for injuries suffered in the workplace. Defendant...

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