Graham

Charles Lee Graham (plaintiff) appeals after the trial court, sitting as fact finder, concluded that the machine which caused injury to plaintiff was not a “power press” within the meaning of Labor Code section 4558. That section creates an exception to the exclusive remedy provision of the workers’ compensation system. (§ 3602; Bingham v. CTS Corp. (1991) 231 Cal.App.3d 56, 61 [ 282 Cal.Rptr. 161 ].) It permits a worker to sue his employer when the worker is injured by a “power press” which is operated without a point of operation guard. We affirm the trial court judgment.

I

Facts

Plaintiff worked for defendant Robert Hopkins as a machine operator. While he was operating a large wood molding machine in the course of his employment, plaintiff caught his hand in the machine and was injured.

Plaintiff filed suit against his employer for personal injury, alleging that suit was authorized by section 4558, subdivision (b). That section provides in pertinent part: “An employee . . . may bring an action at law for damages against the employer where the employee’s injury or death is proximately caused by the employer’s knowing removal of, or knowing failure to install, a…