Topics: COVID-19, Court Decisions
The California Supreme Court held last week that a California employer does not owe a duty of care to prevent the spread of COVID-19 to members of an employee's household. In a unanimous decision, Kuciemba v. Victory Woodworks, Inc., the Court held that although claims brought by an employee's family member for negligence in relation to the family member contracting COVID-19 from an employee who became infected at work are not barred by the exclusivity provision of the California Workers' Compensation Act (WCA), public policy considerations weigh against imposing a tort-based duty to non-employees.
The California Supreme Court held last week that a California employer does not owe a duty of care to prevent the spread of COVID-19 to members of an employee's household. In a unanimous decision, Kuciemba v. Victory Woodworks, Inc., the Court held that although claims brought by an employee's family member for negligence in relation to the family member contracting COVID-19 from an employee who became infected at work are not barred by the exclusivity provision of the California Workers' Compensation Act (WCA), public policy considerations weigh against imposing a tort-based duty to non-employees.
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