WORK COMP LEGAL UPDATE

COVID-19 VACCINE-RELATED INJURY

In Kaley v. Sutter Rosevile Medical Center (2025) 53 CWCR 31, a registered nurse with an underlying heart condition was required by her employer to get a COVID-19 vaccination. Shortly after getting the vaccine, she experienced various cardiac related complaints. The defendant denied liability because her heart condition was pre-existing. Trial Judge found industrial injury, which was appealed.

On reconsideration, the WCAB reiterated that an industrial aggravation of a pre-existing condition constitutes an injury for workers' compensation purposes. As there was sufficient medical evidence in this case showing the applicant's complaints were at least in part due to the vaccination, the injury aoe/coe finding in favor of the applicant was upheld.

[COMMENT: An employer who requires a vaccination should anticipate some employees may have a bad reaction resulting in compensable time off. If there is an aggravation or exacerbation of a pre-existing heart condition, the issue is apportionment, not claim denial.]

INJURY INCLUDES DEATH

In William Kuo v. Dublin Unified School District (2025), a volunteer at a school food distribution event was struck and killed by a car. The family filed a civil death claim against the school district for alleged negligence. The school district obtained a summary judgement because their volunteers are expressly covered under its workers' compensation policy.

The plaintiff attempted to circumvent the workers' compensation policy by claiming the policy covers "injuries" as opposed to death. The Appeals Court stated that workers' compensation covers injuries, including fatal injuries, and to find to the contrary would "produce absurd results".

[COMMENT: Can't imagine that plaintiff's attorney had any actual legal authority stating a fatal work accident is not an injury for workers' compensation purposes. The proper remedy would be a workers' compensation death claim, along with a serious & wilful petition if working conditions that resulted in death were unsafe, and the employer knew or should have known of the unsafe condition.

LIENS DISMISSED

On March 3,2025 WCJ Brandon Powell issued an "ORDER DISMISSING LIENS" of various entities connected to Felix Koltsov, who was convicted of insurance fraud in 2023.

The specific entities whose liens were dismissed include Labs for Physicians San Bernardino, Resource Pharmacy San Bernardino, and Unlimited Interpreting San Bernardino.

CSIA CONFERENCE NEXT MONTH

The 2025 California Self-Insured Association's Annual Meeting & Conference will be held next month on May 12th and 13th in Anaheim at the Disneyland Hotel Conference Center. This is an outstanding educational event focused on issues facing self-insured employers. The HEWS Firm is a long-time supporter of the event, and HEWS President H. Neal Wells IV will be in attendance.

HEWS NEWS

April HEWS Work Anniversaries:

Santa Ana Office legal assistant Rose Serna (15 years).

_______________________________

Main Contributor: H. Neal Wells IV hnw@hmplc.com

Editorial Staff: Lynn P. Peterson

lpp@hmplc.com

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The above is for informational purposes only, and not intended to constitute legal advice.