Award Metals, Inc. v. Superior Court

In Award Metals, Inc. v. Superior Court (1991) 228 Cal.App.3d 1128, the court held an injured employee is not permitted to bring an action at law on causes of action that require a lesser showing than that prescribed in section 4558. "From the plain language of section 4558, it is clear that an exception to the exclusivity of workers' compensation only arises for a power press injury where the employer has been expressly informed by the manufacturer that a point of operation guard is required, where the employer then affirmatively removes or fails to install such guard, and where the employer does so under conditions known by the employer to create a probability of serious injury or death." (Award Metals, at p. 1134.) Absent an employer's knowledge and actions, an employee would not be entitled to bring a civil suit. (Ibid.) Moreover, "if such action cannot be brought on its own where the facts fail to establish all the elements of the power press exception under section 4558, it follows that individual causes of action against an employer which do not meet the requirements of section 4558 cannot be bootstrapped onto a civil action for damages which is properly brought under section 4558." (Ibid.) In Award Metals, the court applied this principle to determine whether the level of proof of the employee's remaining causes of action for negligence and strict liability met the heightened level of proof necessary to establish the statutory exception of section 4558. Both negligence and strict liability require a lesser standard of proof than the statutory exception. (Award Metals, supra, 228 Cal.App.3d at pp. 1134-1135.) Thus, in Award Metals, the injured worker's only viable cause of action was to recover damages for injuries arising from the power press injury under section 4558. (Award Metals, at p. 1136.)