McCoy
McCoy v. Zahniser Graphics, Inc.
Opinion
Opinion
Vogel, J.
Introduction
Kenneth McCoy was injured at work while operating a printing press. McCoy sued, inter alia, his employer, Zahniser Graphics, Inc. To avoid the exclusivity provisions of the workers’ compensation system, McCoy relied upon Labor Code section 4558. That section permits an employee to file a personal injury action against the employer when the injury results from use of a power press which lacks a safety device referred to as a point of operation guard. Zahniser was granted summary judgment on the basis that the printing press involved in the accident was not a power press within the meaning of section 4558. McCoy appeals. We affirm.
Factual and Procedural Background
The accident occurred while McCoy was operating a Millet TP-38A printing press. The press applies different colors of ink to paper to create printed images or words on the paper. The images are printed onto the paper through a sheet metal plate which has been chemically engraved with the image. The sheet metal plate is attached to a large cylinder inside of the press. Paper is guided through the press by rollers located next to the plate. Ink is then applied to the paper by the sheet metal plate.…