Facts

On July 26, 2010, plaintiff Ricardo Padilla was an assembler for defendant InSound Medical Inc. in a facility that manufactured hearing aid devices, and was working in his regularly assigned area, the Seals Pouring Manufacturing Area.

Plaintiff was making the last mold with a modified mold press. The mold press was originally a three-stage three-inch-stroke double-end equipped with two hand trips, a red stop button, and a toggle switch. Defendant's senior manufacturing engineer to increase production had modified the press. The two-hand trip, which has the purpose to keep the operator's hands away from the point of operation, was disabled through modification. As plaintiff was placing the mold in the mold press, the press inadvertently actuated, causing the ram of the mold press to clamp down and press plaintiff's hands between the mold plate and the mold. Plaintiff was able to free his hands from the press when the co-worker turned off the machine. Plaintiff was transferred to Washington Hospital where he was treated for crushed hands.

As a result, plaintiff sued his employer, pursuant to the exception set forth in Labor Code Section 4558, which imposes liability on an employer who removes power press guards.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that InSound Medical illegally modified the power press used by plaintiff, its employee, in order to increase production resulting in plaintiff's injuries.

Result

The case settled for $600,000.

Other Information

Plaintiff also received workers' compensation benefits totaling $173,291 in addition to the settlement of the civil action against defendant. MEDIATOR: Harris E. Weinberg. FILING DATE: July 20, 2012.