Watters Associates v. Superior Court

In Watters Associates v. Superior Court (1990) 218 Cal.App.3d 1322 [ 267 Cal.Rptr. 696 ] (Watters I) we held that an injured temporary employee could not pursue a civil action against his employment agency for an injury caused by his temporary employer’s removal of the point of operation guard on a power press. Under Labor Code section 4558 only the employer who actually removed or specifically authorized removal of the guard could be sued at law for damages. In this proceeding, we are asked to protect the employment agency from a cross-complaint by the temporary employer who removed the guard. We conclude that Labor Code section 3864 bars the cross-complaint.

Lamont G. Conley, registered as a temporary manufacturing employee, was sent by petitioners Watters Associates, Watters Personnel Service, and/or Shirley Watters (identified collectively as agency hereafter) to the business premises of real party in interest Gardco Manufacturing, Inc. (temporary employer hereafter). Temporary employer assigned Conley to operate a press brake. On the first day of employment, the press brake severed both of Conley’s thumbs.

Conley brought a civil action against agency, temporary…