Opinion
S274191
07-06-2023
KUCIEMBA (CORBY) v. VICTORY WOODWORKS, INC.
Opinion filed
In conclusion, we answer the Ninth Circuit's questions as follows:
(1) If an employee contracts COVID-19 at the workplace and brings the virus home to a spouse, the derivative injury rule of California's workers' compensation law does not bar a spouse's negligence claim against the employer.
(2) An employer does not owe a duty of care under California law to prevent the spread of COVID-19 to employees' household members.
Majority Opinion by Corrigan, J
-- joined by Guerrero, C. J., Liu, Kruger, Groban, Jenkins, and Evans, JJ.