See’s Candy Inc.’s packaging facility in South San Francisco, California, stacks a variety of candy boxes.
Ken James | Bloomberg | Getty Images
A California candy maker had to face a lawsuit by an employee who captured Covid-19 at work and handed it over to her husband, resulting in his death. A lawsuit against the employer over the death of Covid, a member of the family.
The California Court of Appeals, the Second Court of Appeals, dismissed South San Francisco-based See’s Candies’ allegations. Since the death of her husband was her own “derivative”, employee Matilde Ek must apply for workers’ accident compensation instead of seeking damages in court. Injury at work.
A lawyer for a company owned by Berkshire Hathaway Inc did not immediately comment.
I couldn’t immediately ask Ek’s lawyer for comment. Nor was the US Chamber of Commerce, which was considering statutory documents in support of See’s.
Ek and her three daughters sued See’s last year, saying she was infected with Covid-19 because the company was unable to secure the workplace. Her husband, Arturo Ek, got sick from her while she was recovering at home, and eventually died of it, she said.
See’s replied that Arturo Ek’s death was a “derivative” of Ek’s workplace injury. That meant it was covered by workers’ accident compensation, and Ek couldn’t sue it in court, the company said.
Nevertheless, the court allowed the case to proceed. See’s alleged that the decisions were “outliers” and that other courts considering similar Covid-19-related cases dismissed them.
However, the Court of Appeals said Arturo Ek’s death was not the result of his wife’s illness, but was directly caused by the Covid-19 virus, which acted as a “conduit.” It quoted the Federal Court of Appeals’ decision granting a similar case for hepatitis infection.
Employer must face worker’s lawsuit over husband’s Covid death — California court Source link Employer must face worker’s lawsuit over husband’s Covid death — California court
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