WORK COMP LEGAL UPDATE

IMPORTANT COVID CASE FOR EMPLOYERS

In Kuciemba v. Victory Woodworks (2023) Robert Kuciemba contracted COVID from a construction site while working for Victory Woodwork, and allegedly brought the disease home to his wife who was then hospitalized. A civil suit was filed claiming the employer negligently sent its infected employees home and exposing their family members to COVID.

The case went to the California Supreme Court which made two significant determinations: 1) The employer has no duty to prevent the spread of COVID beyond the workplace since the employer has no control over the employee's actions beyond the job site; and 2) The workers' compensation exclusive remedy rule does not bar a family member from filing a civil case alleging injury due to employer negligence.

[COMMENT: This is a simplification of the Supreme Court decision which also discussed the impact of the "derivative injury doctrine", "default rule of duty", etc.]

MEDICARE LANGUAGE IN C&R

The workers' compenastion case of Dufelmeier v. Kaiser Hospital (2023 Cal.Wrk.Comp.P.D. LEXIS 139) was resolved by Compromise & Release which consisted of 17 pages. The WCJ issued an Order Approving but rejected language stating all rights involving CMS were settled and that the applicant would be required to reimburse the defense should Medicare seek reimbursement in the future. The defense attorney objected to the OACR due to the modification of the C&R terms, and filed a petition for reconsideration.

The WCAB denied the petition for reconsideration noting neither the WCAB nor the parties had standing to resolve any potential future issues involving CMS. Additionally, the WCAB was hesitant to approve language placing upon the applicant all potential liability involving Medicare benefits in the future, including potential reimbursement to the carrier should it be forced to pay Medicare. The OACR stands as issued.

[COMMENT: The "reimbursement owed to the defense" language was an overreach by the defense, which should have been stricken by applicant's attorney.]

AA CONVICTION UPHELD

California Court of Appeals has upheld the criminal conviction of workers' compensation applicant's attorney Robert Slater, who was involved with the famed USA Photocopy scandal.

[COMMENT: Slater is no longer eligible to practice law, and sold his work comp practice to Craig Glass.]

DEBIT CARD USE EXTENDED

Gov. Newsom signed AB 489 which extends to 1/1/2025 the use of debit cards as a method to pay workers' compensation benefits.

[COMMENT: This was the second time the debit use was extended; unknown if it will become allowed permanently.]

HEWS NEWS:

H. Neal Wells IV has received the coveted "AV Preeminent" peer review rating for 2023 from Martindale Hubbell aka Lawyers.com, the highest possible rating given for both legal ability & ethical standards for attorneys in the United States.

July Employee Anniversaries: Calabasas Office legal assistant Barbara DeSanctis (4 years).

Main Contributor: H. Neal Wells IV

Editorial Staff: Lynn P. Peterson

HEW&S OFFICES: COVERING ALL OF CALIFORNIA

San Bernardino (909) 890-0403 (sbr@hmplc.com)
Orange County (949) 250-1216 (ana@hmplc.com)
Glendale (818) 265-0940 (cxr@hmplc.com)
Calabasas (818) 348-8366 (cls@hmplc.com)

www.hmplc.com

The above is for informational purposes only, and not intended to constitute legal advice.