Supreme Court of California

In an employee's suit against his employer for injuries sustained while operating a power press without a point of operation guard, seeking relief for various causes of action including a claim for loss of consortium on behalf of his spouse under the power press exception to the exclusivity rule, the portion of the Court of Appeals' judgment denying the employer's petition for writ of mandate to overturn the trial court's order overruling its demurrer to the loss of consortium claim is reversed, as notwithstanding the availability of a civil cause of action for workers who suffer power press injuries, claims arising from the industrial accident that caused those injuries fundamentally remain compensable under the workers' compensation system. Consequently, under settled principles of workers' compensation law, the exclusivity rule bars a dependent spouse's claim for loss of consortium.

Appellate Information

• Decided 08/20/2012
• Published 08/20/2012

Judges

• Baxter

Court

• Supreme Court of California

Counsel