See’s Candies, Inc. v. Superior Court of California for the County of Los Angeles

Issue

The Restaurant Law Center, California Restaurant Association, and others are arguing that the Superior Court’s ruling was contrary to the longstanding “derivative injury rule” that establishes workers’ compensation as the exclusive remedy for all claims that are derivative of an employee’s covered workplace injury—including claims for injuries sustained by members of the employee’s household. The Superior Court improperly created a new exception to that bright-line rule for injuries from COVID-19.

May 26, 2021

The California Court of Appeal granted our application to file an amicus in the See’s Candies case and deemed our amicus letter to be filed. It gave any interested party 14 days to file an answer to our brief.

July 21, 2021

The California Court of Appeal issued an Order to Show Cause, allowing See’s Candies, Inc. to present its case on its merits.