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Thursday, September 10, 2026

Employers not liable for 'take-home COVID', California Supreme ... - HRD America

Employers cannot be blamed when workers contract COVID-19 on the job and spread it to their household members, according to the California Supreme Court.

In a recent decision, the seven-member court ruled unanimously against a woman named Corby Kuciemba, who filed a lawsuit claiming her husband contracted COVID at his job in 2020 and passed it on to her.

Allowing so-called "take-home COVID" claims could encourage businesses to adopt precautions that slow the delivery of services to the public or to shut down completely during pandemics, Reuters reported, citing the court ruling.

‘Take-home COVID’ case

Robert Kuciemba started working for Victory Woodworks, a furniture/construction company, at a jobsite in San Francisco, after the Health Order was issued.

In the Kuciemba, et al. v. Victory Woodworks case, Kuciemba and his wife Corby Kuciemba claimed that they strictly followed the City's COVID-19 orders, took all the necessary safety precautions, and minimized their contact with others, except for Mr. Kuciemba's frequent interactions with people at Victory's jobsite.

According to the Kuciembas, Victory knowingly transferred workers from an infected construction site to Mr. Kuciemba's jobsite without following the safety procedures mandated by the Health Order. Mr. Kuciemba had to work in close proximity with these employees and contracted COVID-19, which he then brought back home.

Mrs. Kuciemba, who is over 65 years old and at high risk from COVID-19 due to her age and...



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