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

Press Release
Apr 30, 2026
Six-Attorney Team Joins Hinshaw’s Consumer Financial Services Group

In The News
Apr 29, 2026
Lauren Campisi Featured in the 20th Anniversary of Louisiana Super Lawyers Magazine

In The News
Apr 28, 2026
Matt Henderson Provides Media Insights as Conflict of Interest Lawsuits Target Law Firms

In The News
Apr 28, 2026
Akeela White Analyzes US House Hearing on Credit Reporting Compliance Reforms

In The News
Apr 24, 2026
Michael Dowell Reviews New PBM Reform Reshaping Pharmacy Reimbursement

Lawyers for the Profession® Alert
Apr 21, 2026
When Does a Client’s Duty to Investigate Begin? Lessons from a Time-Barred Malpractice Case

Press Release
Apr 20, 2026
Tom Kuzmanovic Selected for BizTimes Milwaukee 2026 Notable Leaders in Law

Press Release
Apr 17, 2026
André Sesler Elected to the Board of Trustees of the University of Florida Law Center Association

Hinshaw Alert
Apr 17, 2026
Q&A: How to Submit Your IEEPA Refund Claim as CAPE Portal Launches April 20, 2026



