Lenane
Lenane v. Continental Maritime of San Diego, Inc.
Opinion
Opinion
Nares, J.
— Plaintiff James Lenane, a sheet metal mechanic who was employed by defendant Continental Maritime of San Diego, Inc. (CMSD), and performed ship repair work, suffered the amputation of three fingers in an industrial accident involving a power press machine. Lenane filed claims for workers’ compensation benefits under both the California Workers’ Compensation Act (CWCA) and the Longshore and Harbor Workers’ Compensation Act (LHWCA).
Lenane also filed a tort action for damages against CMSD under California Labor Code sections 3602, subdivision (a) and 4558, which provide an exception to the exclusive remedy provision of the CWCA when an employee is injured as a result of the employer’s knowing removal of, or knowing failure to install, a point of operation guard on a power press. A similar exception is not found in the LHWCA.
Claiming Lenane’s tort action is preempted and barred by the supremacy clause of the federal Constitution and the exclusive remedy provision of the LHWCA ( 33 U.S.C. § 905 (a)), CMSD brought a motion for summary judgment. The court agreed and granted summary judgment in favor of CMSD.