Employee’s Spouse’s loss of Consortium Claim Barred by Workers’ Compensation Exclusivity Rule
1 min read
Aug 30, 2012
The California Supreme Court recently found that an employee's spouse could not recover for loss of consortium in his civil employment action, even considering the "power press" exception to the Labor Code.
In LeFiell Manufacturing Company v. Superior Court (Watrous), the employee sued his employer for industrial injuries sustained while using a power press in the course and scope of employment. He was able to bring a civil action rather than proceeding in the workers’ compensation arena per the Labor Code Section 4558 “power press” exception which authorizes an injured worker to bring a civil action for tort damages against his or her employer where the injuries were “proximately caused by the employer’s knowing removal of, or knowing failure to install, a point of operation guard on a power press,” where the “manufacturer [had] designed, installed, required or otherwise provided by specification for the attachment of the guards and conveyed knowledge of the same to the employer.”
The interesting part of this case, however, turned on the employee's spouse's claim for loss of consortium, also made in the civil action. The California Supreme Court unanimously ruled that the spouse’s claim was barred by the workers’ compensation exclusivity rule. The Court reasoned that the “power press” exception applies to the injured employee only, unless injuries are fatal. It provides for a civil remedy to augment an employee’s workers’ compensation benefits but does not take the case outside of the workers’ compensation system. Under workers’ compensation, derivative claims such as loss of consortium remain barred and not an available benefit resulting from an industrial injury.
Featured Insights

Event
Mar 3 – 5, 2026
25th Annual Legal Malpractice & Risk Management (LMRM) Conference

Press Release
Feb 13, 2026
Hinshaw Team Wins Appeal in Criminal Indictment of Waukegan City Clerk Janet Kilkelly

Press Release
Feb 10, 2026
Hinshaw Trial Team Secures $0 Defense Verdict in $15 Million Auto Accident Trial

Press Release
Feb 4, 2026
Hinshaw Celebrates 17 Consecutive Years of Being Named an Equality 100 Award Winner

Press Release
Feb 5, 2026
Hinshaw Legal Team Secures Directed Verdict in Florida Equine Fraud Case

Press Release
Feb 2, 2026
Hinshaw Welcomes 16 Attorneys in Seven Offices and Announces Opening of a Cleveland Office

Press Release
Jan 20, 2026
Hinshaw Attorneys Named to the LCLD 2026 Fellowship Class and 2026 Pathfinder Program

Press Release
Jan 15, 2026
Hinshaw Client Secures a Complete Jury Verdict in Fraudulent Misrepresentation Horse Sale Case

Press Release
Jan 6, 2026
Hinshaw Adds Four-Member Consumer Financial Services Team in DC and Florida



