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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…

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Do not post libelous remarks. You are solely responsible for the postings you input. By posting here you agree to hold harmless and indemnify WorkCompCentral for any damages and actions your post may cause.
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.

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