Santos v. Crenshaw Manufacturing, Inc.Annotate this Case
Appellant Marivel Santos was employed by respondent Crenshaw Manufacturing, Inc. (Crenshaw) in January 2017 as a machine operator on the production floor. Santos alleged that sometime in the second week of January 2017, she was instructed by her supervisor, Jose Flores, to operate a material-forming machine utilizing a die without any protective guards or cages. Ordinarily, Santos would have had to use both hands to operate the machine. This time, however, Flores instructed her to operate it “from the side using a bypass button.” Using the machine in this manner allowed Santos to operate the machine with her right hand, leaving her left hand free to reach into the machine to “press down the part” being cut. On January 12, 2017, Santos was operating the machine in this fashion when her left hand was crushed underneath the die, mutilating and severely injuring it. She filed a workers’ compensation claim against Crenshaw, and the Occupational Health & Safety Administration (OSHA) investigated. In the 1980s, the California Legislature passed Labor Code section 4558's “power press exception” to the principle of workers’ compensation exclusivity, giving a right of action to employees injured by their employer’s knowing removal of or failure to install a point of operation guard on a power press when required by the manufacturer. In this case, the issue presented for the Court of Appeal's review centered on whether the power press exception applied when the manufacturer, 45 years prior to passage of the law, conveyed a more general requirement for guards which went completely unheeded by the present user. Under these unique circumstances, the Court concluded there were triable issues of material fact as to whether the employer violated the statute and reversed the trial court’s grant of summary judgment in the employer’s favor.