Summary Judgment Granted in Landmark Punch Press Case
February 1, 2010
Client law firm represented a Worker’s Compensation claimant in underlying amputation of fingers by a punch press. The firm filed a suit against their client’s employer, under California Labor Code, § 4558, which allows an injured worker to file a civil lawsuit against the employer if he or she is injured on a “punch press.” The employee settled with his employer, but the employee’s non-injured wife then retained an attorney and filed a legal malpractice case against client law firm. Plaintiff sued for defendant’s failure to file a Loss of Compensation claim on her behalf.
M&C filed a Motion for Summary Judgment, arguing that the § 4558 exception to Workers Compensation exclusivity applied only to the injured employee, not to the non-injured spouse.
No other case has so held in a “punch press” lawsuit.
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