Gilbert Moreno v. Alstom Power, Inc

MEMORANDUM

Gilbert and Angela Moreno appeal the district court’s summary judgment in favor of Mr. Moreno’s former employer, United States Gypsum Company (“USGC”), in the Morenos’ diversity action seeking to recover for personal injuries suffered by Mr. Moreno in an industrial accident. We affirm. Because the factual and procedural background is familiar to the parties, we need not recount it here.

The district court properly granted summary judgment. Ordinarily, when an employee is injured in the course and scope of his employment, the Workers’ Compensation Appeals Board provides the only forum for relief. Cal. Lab.Code § 3602. However, California Labor Code section 4558 contains an exception to the general rule. If the injury is “proximately caused by the employer’s knowing removal of, or knowing failure to install, a point of operation guard on a power press, and this removal or failure to install is specifically authorized by the employer under conditions known by the employer to create a probability of serious injury or death,” the employee is not limited by Section 3602 and may bring his claim in a court of law. Cal. Lab.Code § 4558(b). Plaintiff contends that his injury…