Determining Duty of Care and Workers’ Comp Exclusivity for California Employers

A recent California case questioned whether or not the California Workers’ Compensation Act blocks an employee’s spouse’s negligence claim and whether California employers owe a duty of care to prevent the spread of COVID-19 to spouses of employees.

The Case: Kuciemba v. Victory Woodworks

The Court: Northern District of California

The Case No.: 3:20-cv-09355-MMC

The Plaintiff: Kuciemba v. Victory Woodworks

The plaintiff in the case, Robert Kuciemba, started working for Victory Woodworks, Inc. (Victory) on May 6, 2020, at a San Francisco construction site. Two months later, a group of employees from another job site were transferred to the San Francisco site without the company’s compliance with precautions required by the county’s health order. After exposure to the new workers, Robert became infected. He carried the virus home and exposed his wife, Corby. Corby was hospitalized for several weeks and, at one point, was even kept alive on a respirator. The Kuciembas sued Victory in 2020, alleging negligence, negligence per se, premises liability, and public nuisance.

The Defendant: Kuciemba v. Victory Woodworks

The defendant in the case, Victory, moved to dismiss. When the district court granted the defendant’s motion to dismiss, the plaintiffs filed an appeal. On June 22, 2022, the appeals court agreed to answer the certified questions regarding workers’ compensation exclusivity and the duty of care.

The Case: Kuciemba v. Victory Woodworks

In today’s case, the Supreme Court of the State of California issued an opinion addressing two questions of California law to determine the scope of an employer’s liability when an employee’s spouse is injured by transmission of the virus1 that causes the disease known as COVID-19. First, if an employee contracts COVID-19 and brings the virus home to their spouse, does the California Workers’ Compensation Act (WCA; Lab. Code, § 3200 et seq.) bar the spouse’s negligence claim against their California employer? And second, does a California employer owe a duty of care under California law to prevent the spread of COVID-19 to employees’ household members? The court determined that the answer to both questions is no. The California Workers’ Compensation Act does not prevent the spouse’s negligence claim against their California employer. However, recognizing a duty of care to nonemployees in this context would create an intolerable burden on California employers (violating public policy). Considering this, the California Supreme Court determined that California employers do not owe a tort-based duty to nonemployees in preventing the spread of COVID-19.

If you have questions about how to file a California class action, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in various law firm offices in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.