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No Tort Remedy for Widow of Worker Killed in Auger Accident

Thursday, April 18, 2019 | 472 | 0 | 17 min read

The Court of Appeal for the 5th District of California ruled that a widow could not invoke the “power press” exception to the exclusive remedy provisions of the Labor Code to pursue a tort claim against her late husband’s employer. The case arose from the death of Fernando Santiesteban in February 2012. Santiesteban had worked for Setton Pistachio of Terra Bella Inc. He was servicing an auger at Setton’s processing facility when a coworker activated the machine, fatally injuring him. Santiesteban’s widow filed a wrongful death suit against Setton. While C...

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