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As COVID-19-related litigation increases, courts are being called upon to interpret the scope of employers’ duties to protect their employees with relation to the virus. Last week, a.
A California federal judge dismissed an amended suit brought by a spouse looking to hold her husband's employer responsible for her COVID-19 infection, finding that the state's workers' compensation law bars her argument and further noting that the employer's duty to provide a safe work environment does not extend to non-employees.
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On May 10, 2021, a judge for the U.S. District Court for the Northern District of California dismissed a lawsuit filed by the wife of a construction worker against his employer after he allegedly contracted COVID-19 at his workplace and transmitted it to her. The wife’s claim was novel in that it alleged her husband’s employer owed her, a nonemployee, a duty to keep her safe from COVID-19.
The case,
Kuciemba v. Victory Woodworks, Inc., was filed in December 2020. According to court filings, Robert Kuciemba began working for Victory Woodworks, Inc., at a construction site in San Francisco in May 2020. Corby Kuciemba, Robert Kuciemba’s wife, claimed that the company, in July 2020, knew that employees from one of its jobsites had tested positive for COVID-19, but, instead of directing those employees to quarantine, assigned them to her husband’s worksite. Kuciemba alleged that her husband contracted COVID-19 as a r
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In order to prepare for issues Oklahoma employers could face in the future, we monitor lawsuits filed in other states that present new, unique, or challenging claims for employers. Keeping track of national trends makes Oklahoma employers better equipped to address workplace challenges. A recent California lawsuit may offer a preview of pandemic-related claims we may encounter in our own state.
Health orders and advisories
During the course of the COVID-19 pandemic, San Francisco and Bay Area Counties issued shelter-in-place orders requiring individuals to remain in their residences to limit the spread of the virus. Later, health orders were issued governing the safe reopening of the economy. San Francisco’s reopening orders required strict health and safety measures, including daily screening protocols and workplace cleaning and decontamination procedures. The U.S. Centers for Disease Control (CDC) recommended similar