Skip to Content
  • May 2021

    The California federal district court has weighed in regarding the extent of employer liability for COVID-19 related illnesses.  In Kuciemba et al. v. Victory Woodworks Inc., a spouse (Corby Kuciemba) of an employee (Robert Kuciemba) brought a civil lawsuit against Robert’s employer.  The lawsuit sought to hold Robert’s employer liable when Robert contracted COVID-19 in the workplace and, thereafter, transmitted the disease to Corby.

    The district court dismissed the lawsuit pursuant to the defendant’s motion.  The court ruled that the employer’s “duty to provide a safe workplace to its employees does not extend to nonemployees who, like [Corby], contract a viral infection away from those premises.”  Additionally, the claims that the Corby contract COVID-19 “through direct contact with” Robert were barred by the “exclusive remedy provisions of California’s workers’ compensation statute and, thus, are subject to dismissal.” 

    This case is good news for employers worried about the extent to which they might be civilly liable for COVID-19 related issues. Employers, however, should remain vigilant, as the legal battles surrounding COVID-19 continue.

    For more information contact:

    Matthew Wallin, Esq.

    (310) 552-3400

    Matthew Wallin is a senior associate in the Los Angeles office where he practices labor and employment law.  He has extensive experience defending private business and public entities in litigation and advising clients on labor compliance issues.  

    The content contained herein is published online by Gibbs Giden Locher Turner Senet & Wittbrodt LLP (“Gibbs Giden”) for informational purposes only, may not reflect the most current legal developments, verdicts or settlements, and does not constitute legal advice. Do not act on the information contained herein without seeking the advice of licensed counsel. The content contained herein may contain attorney advertising.

    For specific questions about any of the content discussed herein or any of the content posted to the Gibbs Giden website please contact the article attorney author or send an email to The transmission of information by email, over the Gibbs Giden website, or any transmission or exchange of information over the Internet, or by any of the included links is not intended to create and does not constitute an attorney-client relationship. For a complete description of the terms of use of this information and the Gibbs Giden website please see the Website Terms section at This publication may not be reproduced or used in whole or in part without written consent of the firm. Copyright 2021 Gibbs Giden Locher Turner Senet & Wittbrodt LLP ©