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bus wri

Manufacturing Co. v. Superior Court (Watrous)
California Supreme Court 2012

Facts: employee and spouse both filed a civil action against employer for what the employee suffered injuries while operating a machine during working hours. Spouse filed that she has been deprived of employee’s services in the care and management of their home and family, and “necessary duties as a husband.”

Issue: Can a plaintiff (and a plaintiff’s spouse) file a civil suit for compensation while being injured at work by operating a power press and can the spouse file a civil suit for loss of consortium?

Decision: Yes. The Court affirmed both plaintiffs compensation under the workers’ compensation laws.

Reasons: The Court acknowledge that both plaintiffs are both compensated under the workers’ compensation laws as follow below:
1) Conditions of compensation: Liability for the compensation provided by this division, in lieu of any other liability whatsoever to any person except as otherwise specifically, without regard to negligence exist against an employer for any injury sustained by his or her employees arising in the course of the employment and for death in these cases where the following conditions for compensation.
2) The employer’s compensation is obligation to any other liability whatsoever to any person and including employee dependents for work related injuries to the employees.
3) Regards to consortium, compensation reasons:
a. Valid and lawful marriage between the plaintiff and the person injured at the time.
b. Tortuous injury to the plaintiffs spouse
c. Loss of consortium suffered by the plaintiff and loss cause by the defendant act.

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