New CA Employment Case
California Case Summaries™
Helping CA Lawyers Get Excellent Results
California courts publish around 500 new civil cases each year and many of them significantly change California law! California civil attorneys need to know these new cases!
The bad news - it's hard to keep up because of the number of new civil cases, how long they are, and also because California courts publish cases in other areas including criminal law, juvenile law and family law!
The good news - there's now an easy way to always know the new civil case law in your practice areas: California Case Summaries™. I prepare one-paragraph summaries, organized by legal topic, of every new civil case published every month, quarter and year, giving subscribers a competitive advantage to get better results and win more. You can always know the new case law for less than 1 billable hour per month!
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Are Employers Liable When Spouses of Employees Get Covid 19?
Last month, in response to questions from the Ninth Circuit Court of Appeals, the California Supreme Court addressed the following two issues:
(1) Does an employer owe a duty of care to prevent the spread of COVID-19 to an employees’ household?
(2) If an employees’ spouse is infected, does the California Workers’ Compensation Act bar the spouse’s negligence claim against the employer?
New CA Employment Decision
Kuciemba v. Victory Woodworks, Inc. (2023) _ Cal.5th _ , 2023 WL 4360826: Answering two questions of California law certified from the United States Court of Appeals for the Ninth Circuit concerning the scope of an employer’s liability when an employee’s spouse is injured by transmission of the virus that causes the disease known as COVID-19, the California Supreme Court ruled that if an employee contracts COVID-19 at the workplace and brings the virus home to a spouse, the California Workers’ Compensation Act (WCA; Lab. Code, § 3200 et seq.) does not bar the spouse’s negligence claim against the employer. However, it also ruled that an employer does not owe a duty of care under California law to prevent the spread of COVID-19 to employees’ household members. (July 6, 2023.)
Mediation, Arbitration & Referee Services
I help attorneys and their clients settle cases as a mediator, fairly decide cases as an arbitrator, and fairly decide issues as a referee at ADR Services, Inc. I handle cases in the areas of business, employment, insurance (bad faith, coverage, UIM) probate (trusts and estates), real property, and torts (elder abuse, medical malpractice, personal injury, product liability and wrongful death). As a Zoom expert, I conduct Zoom and in-person hearings throughout California. To schedule a matter, please contact my case managers at ADR Services, Inc.,
Haward Cho, (213) 683-1600, [email protected] or
Rachael Boughan, (619) 233-1323, [email protected].
Stay safe and healthy.
Best regards,
Monty A. McIntyre, Esq.
Mediator, Arbitrator & Referee at ADR Services
Master Lawyer Mentoring™: Trial training & Associate training
Publisher: California Case Summaries™
Podcaster: Trial Alchemy™
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
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