Today is
Saturday, February 22, 2025 -
News Articles
Friday, September 3, 2021
Employer Groups Argue Exclusive Remedy Precludes Negligence Claim for COVID Death
- State: California
- Topic: Top
- - Popular with: Legal
- - 0 shares
A coalition of employers is asking a California appellate court to find that the exclusive reme…
Purchase this story for only $7.99!
Add to CartFor access to all our articles, check out our subscription options.
Today’s News
- Calif. - High Court: IDL Benefits Not Compensation; No Bump for Misconduct Top 02/21/25
- N.Y. - Court Upholds Summary Dismissal of Part of Worker's Labor Law Action NORTH 02/21/25
- N.H. - Supreme Court Clarifies Deadline for Dependents to Seek Allocation of Benefits NORTH 02/21/25
- Ark. - Court Rejects Employer's Attempt to Appeal Decision Reinstating Worker's Claim SOUTH 02/21/25
- Fla. - Court Reissues Decision Vacating Award of Payment for Attendant Care Services SOUTH 02/21/25
- Calif. - Bill Would Cut Training Requirement for Agents and Brokers WEST 02/21/25
- Va. - General Assembly Passes Bill Clarifying Throat Cancer Presumption SOUTH 02/21/25
Advertisements
Now Trending
- Workers' Compensation News
-
Calif. High Court:
IDL Benefits Not Compensation; No
Bump for…
Posted on Feb 21, 2025
-
Calif. Bill Would
Enhance First Responder Death…
Posted on Feb 20, 2025
-
Calif. Bill Would
Cut Training Requirement for Agents
and…
Posted on Feb 21, 2025
-
Ga. Worker's
Refusal of Light Duty Doesn't
Warrant Denial of…
Posted on Feb 18, 2025
-
N.Y. Appeals Court
Upholds Denial of Benefits for
Stroke…
Posted on Feb 19, 2025
-
N.Y. Governor
Signs Bill Aiming to Clarify Mental
Stress…
Posted on Feb 19, 2025
-
Ntl. Trump
Nominates Former Amazon Safety Exec
to Lead…
Posted on Feb 18, 2025
-
Mont. Bill Would
Move Comp Court to…
Posted on Feb 20, 2025
-
N.Y. Nurse
Forfeits Benefits by
Misrepresenting Post-Injury…
Posted on Feb 19, 2025
-
N.Y. Exclusivity
Bars Widow's Suit for Fatal…
Posted on Feb 20, 2025
Jobs
Upcoming Events
Mar 6-7, 2025
DWC Opens Registration for 32n
The California Division of Workers Compensation (DWC) is pleased to announce that registration fo …
Mar 6-7, 2025
2025 WCRI Issues & Research Co
The New Year is a great time to set goals and embrace growth. To make meaningful progress, having …
Mar 6-7, 2025
DWC Announces Agenda for 32nd
The agendas for the 32nd Annual Educational Conference are now available. As a reminder, the conf …
Social Media Links
WorkCompCentral
c/o Business Insurance Holdings, Inc.
c/o Business Insurance Holdings, Inc.
PO Box 1010
Greenwich, CT 06836
(805) 484-0333
Greenwich, CT 06836
2 Comments
Log in to post a comment
George Corson Sep 3, 2021 a 5:06 am PDT
Mesothelioma is HIGHLY correlated to asbestos exposure, and verified Employee exposure typically turns into a “but-for” causation which supports Civil Liability for sickened Family Members. Work exposure for COVID is but one known source for potential causation. Most people cannot even prove where they caught COVID. I think Civil liability for Family Members who allege COVID from alleged Employee exposure will stretch Kenner beyond its practical limits. Any death is tragic, but extending Kesner to COVID is a slippery slope.
James Witkop Sep 3, 2021 a 6:50 am PDT
Such a rule is even more problematic if the family can simply coattail the presumption afforded an employee without having to prove actual causation. The facts of this case are not particularly egregious so I expect that the COA will sustain the demurrer without leave to amend.