CA Supreme Court: Employers Not Liable for Home COVID Spread by Their Employees
The Supreme Court has issued their opinion Kuciemba v. Victory Woodworks, Inc. The 53 page opinion can be downloaded at
William Davis
ABOUT
William joined our Santa Rosa office in 2019. He has been defending workers’ compensation claims on behalf of self-insureds, insurance companies, public entities, and TPAs for 17 years. Recently, he successfully argued the City of Petaluma v. WCAB (Lindh) case before the Court of Appeal. The California Lawyers Association deemed him Workers’ Compensation Defense Attorney of the Year in 2019. His favorite quote is by Dr. Seuss, “Sometimes the questions are complicated and the answers are simple.”
Services
Education
Law School
Undergrad
Awards + Rankings
California Lawyer’s Association Workers Compensation Defense Attorney of the Year for 2019.
Featured Articles
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WCAB Rescinds All COVID-19 Temporary Rule Suspensions
The Appeals Board issued several En Banc decisions in response to the state of emergency brought on by COVID-19. These decisions...
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Health Facilities and Their Insurers Need to Consider Their Vaccine Related Risks
A recent article in Risk & Insurance explored vaccine liability risk for health facilities and their insurers. The biggest...
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CA Supreme Court: Employers Not Liable for Home COVID Spread by Their Employees
The Supreme Court has issued their opinion Kuciemba v. Victory Woodworks, Inc. The 53 page opinion can be downloaded at
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WCAB Rescinds All COVID-19 Temporary Rule Suspensions
The Appeals Board issued several En Banc decisions in response to the state of emergency brought on by COVID-19. These decisions...
/Passle/5ffad762e5416a0a085d60a1/SearchServiceImages/2023-03-23-17-09-20-916-641c87c0f636eb19d81f5de3.jpg)
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Health Facilities and Their Insurers Need to Consider Their Vaccine Related Risks
A recent article in Risk & Insurance explored vaccine liability risk for health facilities and their insurers. The biggest...
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Is Workers' Compensation Sufficient to Protect Employers From COVID-19 Claims Brought by Employees? Maybe Not.
A recent article in Risk & Insurance explores the potential impact of COVID-19 liability shield laws for businesses. These laws...
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COVID-19 Infection at Work? Why Not Go to Federal Court Instead of the WCAB!
California employers probably believe that they only have to worry about employees bringing COVID-19 employment related claims at the...
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Some Workers With COVID-19 Claims Might Face Long Term Problems in Returning to Work
The latest issue of Risk & Insurance has a great article on longtail COVID-19 workers’ compensation claims. They have noted...
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Court of Appeal Upholds Prison Nurse’s Fraud Conviction, Mechanism of Injury of Physically Impossible
A California Court of Appeal has upheld the fraud conviction of a prison nurse who falsely complained that he was attacked by an inmate...
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Civil Suit for an Employee’s Suicide Barred by the Exclusive Remedy Rule
WorkCompCentral has an article about an interesting case involving an employee’s suicide. In an unpublished decision, the Court of Appeal...
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Tracking Claimed Adverse Reactions to COVID-19 Vaccines, a First Step to Compensable Claims?
The DWC has announced that it is adopting updated nature of injury codes to track adverse reactions to COVID-19 vaccines. A March...
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Proposed CA Assembly Bill Would Prohibit Using a Positive THC Drug Test in Employment Decisions
Proposed Assembly Bill 1256, by Assemblyman Bill Quirk (D-Hayward), would prohibit most employers from using a positive THC drug test as...
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A Federal Court Rejected a Wife’s COVID-19 Claim Against Her Husband’s Employer
The wife of an employee sued her husband’s employer in Federal Court claiming that the employer was responsible for her husband bringing...
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CA Senate Bill Aims to Provide Healthcare Workers With a Presumption That Nearly All Common Injuries Arose Out of and in The Course of The Employment
Sen. Cortese has introduced Senate Bill 213 to create a set of rebuttable presumptions that injuries that develop or manifest in a...
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Bill Seeks to Sneak in Prohibiting Apportionment to Age and Genetic Characteristics, Possibly Eliminating Apportionment to Degenerative Conditions
Sen. Steven Bradford, (D-Gardena) has introduced Senate Bill 788 to prohibit considering race, religion, sexual orientation and other...
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Vocational Apportionment Does Not Override Medical Apportionment
Ray Correio has put out a great article on the concept of "vocational apportionment". This is a master class on the concept and a must read!
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The concept of “vocational apportionment” as currently formulated and applied by vocational experts in cases where there is substantial...…
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Employers Have an Avenue to Require Employees to Get Vaccinated Against COVID-19
With certain exceptions, an employer can require an employee to be vaccinated to ensure a safe workplace in which “an individual shall...