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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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2 Comments
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George Corson Sep 3, 2021 a 12:06 pm 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 1:50 pm 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.