The California Supreme Court on Monday overturned a published appellate court decision allowing the wife of an injured worker to proceed with a loss-of-consortium claim against her husband's employer based on Labor Code Section 4558's exception to workers' compensation exclusivity. This statute allows an injured worker to sue his employer civilly if he can show that his employer knowingly removed (or failed to install) a point of operation guard on a power press, and the lack of the guard created an increased probability of serious injury or death. The high court unanimously r...
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