The Power Press Exception to Workers’ Comp: Andje Medina Authors Article in Plaintiff Magazine

In her Plaintiff magazine article "The Power Press Exception to Workers' Comp," Attorney Andje Medina provides an eight-point checklist to help identify if a client with a power press crush injury from a machine that lacked a point of operation guard has a civil remedy in addition to workers' compensation.

"Defendants frequently challenge whether a safety device is a point of operation guard," wrote Medina. Courts that have addressed the issue have made it clear they will not tolerate "narrow and hypertechnical" arguments from defendants. Instead, the intent is to protect workers from employers who willfully remove or fail to install appropriate guards.

Medina also noted that to be successful, attorneys must show that the employer knowingly failed to install or removed a required guard. "The manufacturer must have required installation of the guards and conveyed knowledge of this to the employer," she added. Receipt of the operating manual at the time of purchase will be sufficient to show knowledge.

Medina has experience handling these challenging cases and is happy to provide assistance to anyone attempting to navigate this narrow exception to workers' compensation exclusivity.

Read full article.