California’s Supreme Court, Employers, Employees & COVID — A Critical Decision

The California Supreme Court has been asked by the 9th U.S. Circuit Court of Appeals to look at a case that — if the court agrees — will hold employers liable for damages for workers who contracted COVID while on the job and then took the disease home to their families.

Corby Kuciemba said she picked up COVID when her husband got the virus on the job at Victory Woodworks in San Francisco. Her suit accuses the company of negligence for failing to adopt policies that kept employees from picking up COVID.

A federal judge said her claims are covered by workers’ compensation and she cannot sue Victory. She appealed the the 9th Circuit and it passed the decision onto the California Supreme Court.

The importance of the court’s decision — once it is made — cannot be understated.

If the court rules in favor of Kuciemba then it opens up a huge can of worms. Business groups says a positive decision not only means family members can sue, but people those family members came in contact with can also sue.