In a case that could potentially have broad impact across the country, the U.S. Court of Appeals for the Ninth Circuit has asked the California Supreme Court to evaluate whether the derivative injury doctrine prevents a claim against an employer by the spouse of an employee who contracts COVID-19 in the workplace and brings the virus home. 

The federal court also asked the state’s high court to consider if an employer has a duty to the households of its employees to exercise ordinary care to prevent the spread of COVID-19. The high court will have the opportunity to either take up or decline the case, which is captioned Kuciemba v. Victory Woodworks.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]