The Institutes

California Supreme Court To Determine Employer Liability For COVID Infections

 Monday, June 27, 2022


California’s top state court has agreed to decide whether employers can be held liable under state law when their workers contract COVID-19 on the job and spread it to their relatives.

The California Supreme Court on Wednesday granted a request by the 9th U.S. Circuit Court of Appeals to take up a case brought by Corby Kuciemba, who says she became seriously ill with COVID-19 after her husband was exposed to the virus at his job with Victory Woodworks Inc in San Francisco.

Kuciemba in a 2020 lawsuit accused Victory of negligence and creating a "public nuisance" by failing to adopt safety policies to stop the spread of COVID.

She is appealing a ruling by a federal judge in San Francisco that said her claims were covered by workers’ compensation and she could not sue Victory in court.

Business groups have said allowing employers to be held liable for so-called "take-home" COVID infections will prompt lawsuits not only by workers’ family and friends but by anyone infected by that circle of people.
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