Chavez v. Alco Harvesting, LLC
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The case revolves around Maria Chavez, the widow of Leodegario Chavez Alvarado, who was employed by Alco Harvesting, LLC as a foreman and bus driver. Alco provided housing for Alvarado and other workers at the Hotel Santa Maria, where a COVID-19 outbreak occurred. Chavez alleged that Alco was aware of the outbreak but failed to report it to the health department, notify its employees, or implement adequate safety measures. Alvarado contracted COVID-19 and died from complications related to the disease. Chavez claimed that Alco's concealment of the outbreak and the nature of Alvarado's illness resulted in the aggravation of his condition, leading to his death.
The trial court sustained Alco's demurrer to Chavez's second amended complaint without leave to amend, leading to Chavez's appeal. The trial court found that Chavez failed to plead sufficient facts under the fraudulent concealment exception to the workers’ compensation exclusivity rule.
The Court of Appeal of the State of California Second Appellate District Division Six reviewed the case. The court construed the order sustaining the demurrer without leave to amend as a final judgment. The court found that Chavez's second amended complaint sufficiently pleaded all elements of the fraudulent concealment exception to the workers’ compensation exclusivity rule. The court held that Alco knew that Alvarado had contracted COVID-19 from his employment and concealed that knowledge from him, thereby aggravating his illness. The court reversed the trial court's judgment and remanded the case with instructions to vacate the order granting Alco's demurrer and enter a new order overruling that demurrer.
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