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Employer must face worker’s lawsuit over husband’s COVID death -California court -Breaking

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© Reuters. FILEPHOTO: REUTERS/Andrew Kelly/Illustration

By Brendan Pierson

(Reuters). A California candymaker is facing a lawsuit filed by her employee. She claims that she got COVID-19 from work and passed it on to her husband. The lawsuit was brought against the employer.

California Court of Appeal Second Appellate District rejected South San Francisco’s argument by See’s Candies that Matilde Ek must file for workers’ comp rather than seeking damages in court, because her husband’s “derivative” death from a workplace accident.

An attorney for Berkshire Hathaway, NYSE:) Inc owned company did not immediately respond.

Ek’s lawyer could not be reached immediately for comment. The U.S. Chamber of Commerce also did not respond to See’s request, although it had submitted a brief legal support.

Ek, her three daughters and See’s were sued last year by Ek. Ek claimed she contracted COVID-19 after the company did not ensure workplace safety. Arturo Ek, her husband, contracted COVID-19 while Ek was recovering at home and died shortly thereafter, Ek said.

See’s replied that Arturo Ek died as a result of Ek’s workplace injury. According to the company, this meant that it was covered under workers’ compensation and Ek couldn’t sue for it.

However, the case was granted by the trial judge. See’s claimed that the appeal was an “outlier” because other courts had dismissed similar COVID 19 cases.

However, the Court of Appeal ruled that Arturo Ek died from COVID-19, not because his wife became sick. It was caused by COVID-19, which was transmitted to Arturo Ek through his wife as a conduit. The Court of Appeal cited an appeals court decision that allowed a similar case regarding a hepatitis virus.

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