Appeals Court: Derivative Injury Rule Doesn't Bar Negligence Claim for COVID Death

The derivative injury doctrine doesn’t shield a California employer from a lawsuit claiming its negligence in exposing a worker to COVID-19 resulted in the death of her spouse, the 2nd District Court of Appeal said in a published decision handed down Tuesday. The appellate court said the theory that work comp exclusivity applies to claims that are collateral to a compensable injury, as expressed by the California Supreme Court in Snyder v. Michael’s Stores Inc., does not apply to a lawsuit Matilde Ek filed against See’s Candies for the death of her husband, Arturo Ek. &ldqu...