A widow is seeking justice after her husband’s death from COVID-19, alleging that his employer's negligence led to his fatal illness. Maria Chavez filed a complaint against Alco Harvesting, LLC in the Santa Barbara County Superior Court on June 17, 2024.
Maria Chavez contends that her husband, Leodegario Chavez Alvarado, contracted COVID-19 while working for Alco Harvesting as a foreman and bus driver. According to the complaint, Alco provided housing for its workers at the Hotel Santa Maria, operated by 210 Nicholson, LLC. The living conditions at the hotel were reportedly cramped and did not allow for social distancing, creating an environment ripe for virus transmission. Chavez alleges that both Alco and 210 Nicholson were aware of a COVID-19 outbreak at the hotel but failed to report it to health authorities or inform their employees. This lack of communication and safety measures allegedly led to her husband's exposure to the virus.
Chavez's husband began showing symptoms consistent with COVID-19 on June 26, 2020. Despite reporting his illness to his supervisors immediately, he was not informed about the outbreak or that his symptoms could be due to COVID-19. He tested positive for the virus on July 2, 2020, and was subsequently placed in isolation at a Motel 6 without receiving any medication. Tragically, he succumbed to complications from the virus on July 7, 2020.
The trial court initially sustained Alco’s demurrer without leave to amend, effectively dismissing Chavez's second amended complaint (SAC). However, Chavez appealed this decision. The appellate court reviewed the case de novo and concluded that Chavez had sufficiently pleaded all elements required under the fraudulent concealment exception to the workers’ compensation exclusivity rule. This rule generally limits an employee's remedies for work-related injuries to those available under workers' compensation laws unless certain exceptions apply.
According to California Labor Code section 3602(b)(2), an exception exists if an employer knowingly conceals a work-related injury from an employee and this concealment aggravates the injury. The appellate court found that Chavez had adequately alleged that Alco knew about her husband's work-related contraction of COVID-19 and concealed this information from him, leading to the aggravation of his illness and eventual death.
Chavez is seeking judgment from the court that includes reversing the trial court’s decision and overruling Alco’s demurrer. She aims for accountability from Alco Harvesting for their alleged negligence and fraudulent concealment which she believes directly contributed to her husband's death.
The case is presided over by Judge Timothy J. Staffel in Santa Barbara County Superior Court under Case ID No. B3829282. Maria Chavez is represented by attorneys Oscar Ramirez, Matthew P. Blair, David Osorio, and Kirill Levinsky from Blair & Ramirez LLP. The defense team for Alco Harvesting includes Alden J. Parker, Rebecca Hause-Schultz, Ryan M. Harrison, and Heather M. Domingo from Fisher & Phillips LLP.