An employer’s failure to install any point-of-operation guards created a triable issue about whether a manufacturer’s vague recommendation to use some type of protection is sufficient to trigger an exclusive remedy exception for a woman whose hand was severely injured in a machine, a California appellate court ruled.
The 4th District Court of Appeals, in an unpublished decision filed Friday, said there is no case law establishing the lowest acceptable level of notice from a manufacturer that would be sufficient to trigger the exclusive remedy exception in Labor Code Section 4558. ...
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