CA Supreme Court:  CA employers cannot be sued civilly by an employees spouse when that employee contracts COVID 19

Kuciemba v. Victory Woodworks

While employers have some legal obligation to protect employees and their families from the effects of workplace hazards, holding them responsible for the spread of a highly contagious disease like COVID-19 would make every employer in the state a potential defendant, a result not contemplated by current state law, the court said.

That would “throw open the courthouse doors to a deluge of lawsuits that would be both hard to prove and difficult to cull early in the proceedings,” Justice Carol Corrigan wrote in the 7-0 ruling. “The dramatic expansion of liability plaintiffs’ suit envisions has the potential to destroy businesses and curtail, if not outright end, the provision of essential public services,” while also placing “significant burdens on the judicial system.”

The Kuciemba case is a victory for employers and a reaffirmation of the long held principle that an employee’s sole remedy when they contract an industrial disease is via the workers compensation system.

José A. Borrego

Attorney

Workers Compensation Personal Injury, Social Security, Family law

(916) 446-4911

Joseborregolaw.com