LeFiell Mfg. Co. v. Superior Court
Annotate this CaseCal. Lab. Code 4558 contains a power press exception to the general rule that workers' compensation is the exclusive remedy of an injured worker against the employer. Employee was injured while operating a power press without a point of operation guard. Employee and his wife (Spouse) brought a civil suit against Employer under the power press exception that included a claim for loss of consortium on behalf of Spouse, predicated on the facts allegedly establishing a section 4558 violation. The trial court sustained Employer's demurrer to all of Spouse's causes of action except her claim for loss of consortium. The court of appeal disagreed with the trial court, concluding Spouse could plead a claim for damages for loss of consortium because such a claim fell outside the workers' compensation laws and hence was not barred by the exclusivity rule. The Supreme Court (1) reversed the portion of the judgment of the court of appeal as to Spouse's consortium claim, holding that where the worker's power press injuries do not prove fatal, the Legislature has restricted standing to bring the action at law authorized under section 4558 to the injured worker alone; and (2) affirmed in all other respects. Remanded.
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