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Court: No Duty for Employers to Prevent the Spread of COVID Beyond Employees

07/07/2023
Although workers compensation exclusivity would not prohibit a spouse from pursuing a negligence claim against an employer if a worker contracts COVID-19 in the workplace and brings it home Californias Supreme Court on Thursday said employers have no duty of care to prevent the spread of COVID

Category: News

Kamin: Derivative Injuries Update

05/25/2022
The California Supreme Court has had a flurry of activity on derivative injury cases lately largely thanks to the COVID-19 pandemic.

Category: Industry Insights

Supreme Court Declines to Hear Appeal of See's Candies Negligence Claim

04/21/2022
The California Supreme Court denied a request to review an appellate court decision holding that the derivative injury doctrine doesnt preclude a lawsuit alleging a business negligently exposed a worker to COVID-19 that resulted in the death of a family member. Sees Candies on Jan. 28

Category: News

Grinberg: Court Dismisses Family COVID Suit

06/01/2021
that he was exposed to COVID-19 in the course of his employment duties and then brought it home to his wife. Both were hospitalized after testing positive for COVID-19. Previously the trial judge in the Kuciemba matter dismissed the claim with leave to amend reasoning that it

Category: Industry Insights

Grinberg: Update on Kuciemba and Civil Liability for COVID -19

03/22/2022
“wait-and-see” approach to hear from the California Supreme Court for guidance. In other words the issue of employer COVID-19 liability to non-employees is not resolved or certain yet. We should continue to monitor the situation but I respectfully submit that we on the

Category: Industry Insights

Young: State's Top Comp Developments in 2023

12/20/2023
petition for reconsideration and after 60 days have passed the board loses jurisdiction and a petitioner has 45 days to seek a writ of review with the appellate courts. • In early July the California Supreme Court released its decision in Kuciemba v. Victory Woodworks. 

Category: Industry Insights

Appeals Court: Derivative Injury Rule Doesn't Bar Negligence Claim for COVID Death

12/22/2021
COVID-related claims stemming from workplace conduct would be placed outside the scope of the workers compensation system the employers argued. The appeals court said the argument that the derivative injury doctrine bars Eks lawsuit relies primarily on two sentences from the California Supreme

Category: News

Gallegos Nancy

06/01/2023
outlined by the CA Supreme Court in LaTourette; a the applicant failed to prove that COVID 19 is an occupational illness per CA Labor Code section 6409b; b. traditional positional risk theory applied by WCJ Bancroft does not apply to non-occupational diseases; 2. Defendants contend WCJ erred in not

Category: Panel

Young: State's Top Workers' Comp Developments — First Half of 2023

07/11/2023
Among the workers’ comp cases worthy of mentioning are the following In early July the California Supreme Court released its decision in Kuciemba v. Victory Woodworks. Mr. Kuciemba’s wife had sued her husband’s employer after she claimed she contracted COVID from

Category: Industry Insights

Pre-Filed Bills Address COVID , Other Safety Issues

12/09/2020
The first pile of bills introduced ahead of the legislative session that starts in January includes measures that would allow tax deductions for costs of complying with recently enacted COVID-19 safety requirements and declare the intent of the Legislature that employers be required to develop

Category: News

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