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

In The News
Sep 3, 2026
Jennifer Driscoll Analyzes FTC Suit over Amazon’s Advertising Pricing Practices

In The News
Sep 2, 2026
Yvonne Ocrant Discusses Horse Business Legal Protection on the EquineRevShare Podcast

Consumer Crossroads: Where Financial Services and Litigation Intersect
Sep 2, 2026
Two Key Wins for Mortgage Lenders on Illinois Statute of Limitations

Press Release
Sep 2, 2026
Jennifer Driscoll Reappointed to CBA's Antitrust & Trade Regulation Section Executive Committee

Employment Law Observer
Sep 1, 2026
Illinois Employers: Prepare Now for These Three Employment Law Changes Taking Effect in 2027

In The News
Aug 24, 2026
David Schultz Reviews a Humorous—But Important—FDCPA Procedural Ruling

Press Release
Aug 20, 2026
115 Hinshaw Lawyers Recognized in 2027 Editions of The Best Lawyers in America® and Ones to Watch®

Press Release
Aug 20, 2026
Hinshaw’s Landmark Tower Client Project Receives 2026 Top Projects Award




