New CA Employment Case

Is an Employer Liable if the Spouse of an Employee Gets COCID-19?

Last month, the California Supreme Court published a new decision addressing this issue. To find out what they decided, watch the video and read my one-paragraph case summary below.

New CA Employment Case  

Kuciemba v. Victory Woodworks, Inc. (2023) _ Cal.5th _ , 2023 WL 4360826: Answering two questions of California law certified from the United States Court of Appeals for the Ninth Circuit concerning the scope of an employer’s liability when an employee’s spouse is injured by transmission of the virus that causes the disease known as COVID-19, the California Supreme Court ruled that if an employee contracts COVID-19 at the workplace and brings the virus home to a spouse, the California Workers’ Compensation Act (WCA; Lab. Code, § 3200 et seq.) does not bar the spouse’s negligence claim against the employer. However, it also ruled that an employer does not owe a duty of care under California law to prevent the spread of COVID-19 to employees’ household members. (July 6, 2023.)

Civil Litigation Services

I still take a few select civil cases where I represent plaintiffs or defendants in business, insurance bad faith, personal injury, real property and wrongful death actions. Using my experience as a California civil trial lawyer since 1980, and a member of the American Board of Trial Advocates since 1995, my goal is to get each client the best possible result. My clients get the benefit of big firm experience with small firm attention and reasonable rates. To discuss a potential case, email me at [email protected], or call me at (619) 990-4312.

Master Lawyer Mentoring Services

I train attorneys to become excellent trial lawyers, and I train law firm associates to quickly become excellent attorneys. To start working with me email me at [email protected] or call me at (619) 990-4312.

Trial Alchemy™ Podcast

 In my Trial AlchemyPodcast I interview outstanding plaintiff and defense lawyers, who are members of the American Board of Trial Advocates (ABOTA), about what works and what doesn't work in civil jury trials. This is a great way for less experienced lawyers to learn from the masters to become excellent trial lawyers. To hear the most recent podcast episode, click here.   

Mediation, Arbitration and Referee Services

I help attorneys and their clients by serving as a mediator, arbitrator and referee at ADR Services, Inc., handling cases in the areas of business, commercial, employment, insurance bad faith, insurance coverage, landlord-tenant (commercial and residential), legal malpractice, medical malpractice, personal injury, real property and wrongful death. To schedule an ADR matter with me, contact my case managers at ADR services, Haward Cho, [email protected], (213) 683-1600, or Rachael Boughan, [email protected], (619) 233-1323.  

Until my next blog post, stay safe and healthy.

Best regards,
Monty A. McIntyre, Esq.
Civil Trial Attorney 
Master Lawyer Mentoring™
Podcaster: Trial Alchemy
Publisher: California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected] 

To Discuss a Potential Case With Monty:
Email Monty at [email protected]
or call Monty at (619) 990-4312. 


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