Appeals Court Ruling: Workers’ Compensation Eligible for COVID-19 Cases if Legal Requirements are Fulfilled

Introduction:

The Arizona Court of Appeals has ruled that Covid-19-related deaths can be compensable under workers’ compensation law. The case involved a worker who died from COVID-19 after being exposed at work. The court affirmed an administrative law judge’s ruling granting workers’ compensation benefits to the worker’s widow. The worker continued to work in the office during the pandemic, and the company implemented safety guidelines based on CDC guidance. The worker, who had prior medical issues, took precautions but was exposed to sick co-workers both inside and outside the workplace. The court determined that the worker contracted COVID-19 in the course of his employment, leading to his death.

Full Article: Appeals Court Ruling: Workers’ Compensation Eligible for COVID-19 Cases if Legal Requirements are Fulfilled

COVID-19 Death Ruled Compensable Under Workers’ Compensation Law

Employees continued to work in office during pandemic

During the COVID-19 pandemic, many companies shifted to remote work to ensure the safety of their employees. However, Western Millwork, a design engineering company, chose to keep its employees working in the office. The company established safety guidelines based on the CDC’s recommendations, which included wearing face masks, promoting social distancing, and staying home if sick or exhibiting COVID-19 symptoms.

Worker took precautions because of prior medical issues

One of Western Millwork’s employees, Kenneth Zerby, had a kidney transplant and was diagnosed as pre-diabetic, putting him at a higher risk for severe illness from COVID-19. Zerby took extra precautions by wearing a mask, practicing social distancing, and limiting his time in public.

Exposed to sick co-workers inside and outside of workplace

Despite Zerby’s precautions, he was exposed to a visibly ill co-worker who came to his office to have a conversation. This co-worker later tested positive for COVID-19. Zerby also had contact with another co-worker who tested positive for the virus during a dinner outing. Shortly after these encounters, Zerby developed a fever and tested positive for COVID-19.

Judge rules worker’s COVID-19-related death compensable

Tragically, Zerby’s condition worsened, and he was hospitalized. After his death, Zerby’s wife filed a workers’ compensation claim, alleging that her husband contracted COVID-19 from a co-worker while at work. The administrative law judge ruled in favor of the widow, stating that Zerby’s exposure to COVID-19 at work led to his death.

Court: COVID-19 can constitute ‘accident’ under comp law

The case was reviewed by the Arizona Court of Appeals, where Western Millwork argued that COVID-19 should be treated like valley fever, a respiratory disease that isn’t covered under workers’ compensation laws due to its difficulty to trace. However, the appeals court disagreed, stating that COVID-19 can be traced to specific individuals and therefore cannot be treated similarly to valley fever. The court ruled that if the legal requirements for workers’ compensation are met, death or injury from COVID-19 is compensable.

In conclusion, the Arizona Court of Appeals affirmed that a COVID-19-related death can be compensable under workers’ compensation law if the necessary legal standards are met. This ruling sets a precedent for similar cases and provides financial support for the families of workers who have lost their lives due to COVID-19 contracted at work.

Summary: Appeals Court Ruling: Workers’ Compensation Eligible for COVID-19 Cases if Legal Requirements are Fulfilled

The Arizona Court of Appeals has ruled that a COVID-19-related death can be compensable under workers’ compensation law if certain legal requirements are met. In this specific case, a worker who died from COVID-19 due to exposure at work was granted workers’ compensation benefits. The worker continued to work in the office during the pandemic, and the company implemented safety guidelines such as wearing face masks, social distancing, and staying home if sick. The worker took precautions due to prior medical issues but was exposed to sick co-workers both inside and outside of the workplace. The court’s decision confirms that COVID-19 can be considered an “accident” under workers’ compensation law, unlike other respiratory diseases like valley fever.

Frequently Asked Questions:

Frequently Asked Questions about Appeals court: COVID-19 is compensable if workers’ comp legal requirements are met

1. What does the recent appeals court ruling state about COVID-19 compensability?

The recent Appeals Court Ruling states that COVID-19 is compensable under workers’ compensation if the necessary legal requirements are met. This means that employees who contract COVID-19 while performing their job duties may be eligible for workers’ compensation benefits.

2. What are the legal requirements that need to be met for COVID-19 to be compensable under workers’ comp?

The exact legal requirements for COVID-19 compensability under workers’ compensation may vary depending on the jurisdiction and specific circumstances. However, generally, the following criteria need to be met:

• The employee must have contracted COVID-19 in the course and scope of their employment;
• The exposure to COVID-19 must be directly related to the employee’s job duties;
• The contraction of COVID-19 must be proven to be work-related;
• The employee must provide sufficient medical evidence supporting the claim;
• The claim must be filed within the specified time limits set by the workers’ compensation laws.

3. How can employees prove that their COVID-19 contraction is work-related?

Employees can prove that their COVID-19 contraction is work-related by gathering and providing substantial evidence. This evidence may include:

• Documentation of COVID-19 exposure at the workplace;
• Witness statements from co-workers or supervisors;
• Medical records indicating the timing and nature of the contraction;
• Expert medical opinions linking the contraction to occupational exposure;
• Any other relevant evidence that supports the connection between work and COVID-19 contraction.

4. What benefits are available if COVID-19 is deemed compensable under workers’ compensation?

If COVID-19 is deemed compensable under workers’ compensation, eligible employees may be entitled to various benefits, which can include:

• Medical expenses coverage for COVID-19 treatment;
• Partial wage replacement during the period of disability;
• Compensation for permanent disability, if applicable;
• Rehabilitation services and vocational retraining (if required).

5. Are all workers automatically eligible for workers’ comp benefits if they contract COVID-19?

No, not all workers are automatically eligible for workers’ compensation benefits if they contract COVID-19. Eligibility is subject to meeting the specific legal requirements and proving that the contraction is work-related.

Please note that the answers provided in this FAQ are for general informational purposes and should not be considered legal advice. Workers should consult with their legal counsel or reach out to their state’s workers’ compensation board for specific guidance based on their circumstances.