By David Wilson and Josh Rodine

Seyfarth Synopsis: The California Supreme Court unanimously held that while claims brought by an employee’s spouse for COVID injury are not barred by the Workers’ Compensation Act’s (WCA) exclusivity provision, policy considerations cautioned against imposing a tort duty to the members of an employee’s household. Kuciemba v. Victory Woodworks, Inc.

The Facts

 On May

Continue Reading California Supremes Set Bounds on Employer Duty to Non-Workers

By Loren Gesinsky and Alex J. Reganata, Senior Fellow

Seyfarth synopsis: Employee sustained an injury in a work-related accident. Based on New York’s Workers’ Compensation Law he was classified as having a nonschedule permanent partial disability. He received an award of $500 per week, and pursuant to a statutory cap could not receive this amount past 350 weeks. Employee

Continue Reading An Unscheduled Demise: N.Y.’s Highest Court Denies Unscheduled, Unpaid Workers Compensation To Deceased’s Son