Workers' Compensation: California Supreme Court

Thursday, June 23, 2022

California Supreme Court Agrees to Review COVID Take Home Liability Case

The California Supreme Court has accepted for review the question of whether the workers’ compensation act bars a claim against an employer by a household contact of an employee who contacted COVID at work. The court granted the request, made under California Rules of Court, rule 8.548, that the court will decide questions of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit.

Thursday, August 7, 2014

The Alzheimer's Risk

Today's post is shared from David DePaolo at daviddepaolo.blogspot.com

As you likely are aware, Mom is in a memory care facility, so the California Supreme Court's ruling on whether a patient (or the family of a patient) may be liable for injuries to an Alzheimer's care worker caught my attention.
Mom is in a top quality memory care facility and I am fortunate enough to be able to visit her on average of twice a week, so I have become quite familiar with (and friends with) many of the residents and their families at the facility.
Dementia and Alzheimer's (a subset of dementia) are odd afflictions - some folks, like my mom, just don't remember much of anything, but they're pleasant. They smile, joke and are overall convivial.
Others though get the worst of the disease and can be aggressive, combative and sometimes a bit scary. These folks may be old, but can be very strong - mind over matter is not just a saying!
I've seen workers hit by patients, and I, myself have been the subject of aggressive behavior by an Alzheimer's patient.
Work injuries are a very real part of the Alzheimer's care worker's occupation.
And the Supreme Court has said that work comp the only remedy for such care workers.
The majority opinion in Gregory v. Cott expressly declared that because agitation and physical aggression are common late-stage symptoms of Alzheimer's, injuries to caregivers are not unusual.
As I noted, my experience would support this observation.