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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 536047

Regular Panel Decision

Nov 16, 2023

In the Matter of the Claim of Frank Aungst

Frank Aungst, a store manager, sought workers' compensation benefits after contracting COVID-19 and suffering a consequential stroke. The Workers' Compensation Board determined that his COVID-19 infection was an accidental injury arising from his employment, citing his elevated risk as an essential public-facing worker. Furthermore, the Board found a causal link between the COVID-19 infection and his subsequent stroke, relying on medical testimony. The employer and carrier appealed this decision. The Supreme Court, Appellate Division, Third Judicial Department, affirmed the Board's findings, concluding that substantial evidence supported both the work-related COVID-19 contraction and the causally-related consequential stroke.

COVID-19Workers' Compensation BenefitsAccidental InjuryConsequential InjuryStrokeCausationElevated RiskStore ManagerEssential WorkerAppellate Review

References

Case No. 2019 NY Slip Op 01046 [169 AD3d 747]

Regular Panel Decision

Feb 13, 2019

Barrios v. 19-19 24th Ave. Co., LLC

The plaintiff, Sergio Barrios, sustained personal injuries when a differential block and chain fell on his head while preparing a hoisting apparatus at the defendants' premises. He sued 19-19 24th Avenue Company, LLC, et al., alleging violations of Labor Law §§ 240 (1) and 241 (6). The Supreme Court, Kings County, denied both parties' motions for summary judgment. On appeal, the Appellate Division, Second Department, modified the order. It granted the plaintiff summary judgment on the Labor Law § 240 (1) claim, finding the repair work fell under its purview. It also granted the defendants summary judgment dismissing the Labor Law § 241 (6) claim, ruling that the plaintiff's work did not constitute construction, demolition, or excavation.

Personal InjuryLabor LawScaffolding LawGravity HazardSummary JudgmentAppellate ReviewRepair WorkHoisting ApparatusWorkplace SafetyStatutory Interpretation

References

Case No. 536047

Regular Panel Decision

Nov 16, 2023

Matter of Aungst v. Family Dollar

Claimant Frank Aungst, a store manager, sought workers' compensation benefits after contracting COVID-19 and suffering a consequential stroke in April-May 2020. The Workers' Compensation Board found his claim valid, concluding he sustained an accidental injury due to elevated exposure at work and that the stroke was causally related. The employer and carrier appealed, disputing the work-relatedness of the COVID-19 infection and the causal link to the stroke. The Appellate Division, Third Department, affirmed the Board's decision, determining that substantial evidence supported both the finding of a work-related COVID-19 contraction and a causally-related consequential stroke. The court specifically credited the testimony of the claimant's vascular neurologist regarding the stroke's causation by COVID-19.

COVID-19StrokeOccupational DiseaseAccidental InjuryCausationElevated RiskPublic-Facing EmploymentWorkers' Compensation BoardAppellate DivisionMedical Evidence

References

Case No. CV-23-0661

Regular Panel Decision

Oct 10, 2024

In the Matter of the Claim of Candice Miller (Wallace Miller (dec'd))

The case involves an appeal from a Workers' Compensation Board decision which ruled that the decedent's death from COVID-19 was causally-related to his employment, granting death benefits to his spouse, Candace Miller. The decedent, a paratransit operator, frequently transported visibly ill passengers and contracted COVID-19 shortly after his last workday, leading to his death. The employer and its workers' compensation carrier controverted the claim, arguing it was not a compensable accident. The Workers' Compensation Board affirmed the claim, finding that the decedent was at an increased risk of COVID-19 exposure due to his public-facing job and regular interactions with symptomatic individuals during a period of high community infection rates, thus constituting an extraordinary event. The Appellate Division affirmed the Board's decision, reiterating that workplace contraction of COVID-19 qualifies as an unusual hazard and is compensable under the Workers' Compensation Law when supported by substantial evidence.

COVID-19Causally-related deathWorkers' Compensation Death BenefitsParatransit operatorWorkplace exposureElevated riskExtraordinary eventSubstantial evidenceCredibility of witnessesIncubation period

References

Case No. CV-23-1320

Regular Panel Decision

Jan 09, 2025

In the Matter of the Claim of Victor Martinez

Claimant Victor Martinez, a pan boiler operator, tested positive for COVID-19 in December 2020 after interacting with a co-worker and filed a workers' compensation claim. The employer and carrier controverted the claim, arguing it did not arise from employment. The Workers' Compensation Board established the claim, finding Martinez contracted COVID-19 through specific workplace exposure, a decision later affirmed. The Appellate Division upheld the Board's determination, citing substantial evidence, including the claimant's direct contact with an infected co-worker (R.H.) and limited outside exposure. The court emphasized that a compensable accident occurs when COVID-19 is contracted as an unusual hazard in the workplace, and the Board's crediting of claimant's testimony was within its prerogative.

Workers' CompensationCOVID-19 ExposureAccidental InjuryCourse of EmploymentSubstantial EvidenceAppellate ReviewWorkplace HazardCausal ConnectionSpecific ExposureBoard Determination

References

Case No. MISC. NO. 264

En Banc

Oct 27, 2020

Workers' Compensation Appeals Board vs. State of California

The Appeals Board rescinds its suspension of WCAB Rules 10755, 10756, and 10888, which had previously suspended the dismissal of cases for failure to appear due to the COVID-19 emergency.

Workers' Compensation Appeals BoardCOVID-19State of EmergencyEn BancWCAB RulesSuspensionRescindsDismissalFailure to AppearApplication

References

Case No. 13-23-00269-CV

Regular Panel Decision

Mar 13, 2025

Esmeralda Gonzalez v. CS Auto, LTD and Loco Management Company, L.L.C.

Esmeralda Gonzalez sued CS Auto, LTD and LoCo Management Company, L.L.C. (South Texas Buick GMC) for the wrongful death of Leonzo Gonzalez, who contracted COVID-19 while employed by them. Esmeralda alleged premises liability, negligent conduct, general negligence, negligence per se, and wrongful death, claiming the company failed to implement safety protocols during the pandemic. The trial court dismissed her claims under the Texas Pandemic Liability Protection Act (PLPA), finding her expert report insufficient to establish causation. On appeal, the Thirteenth District of Texas Court of Appeals affirmed the dismissal, agreeing that the expert report provided only speculative conclusions and failed to offer a factual and scientific basis for the assertion that the employer's actions caused Leonzo's COVID-19 infection and death, thus not satisfying the statutory requirements.

Pandemic Liability Protection Act (PLPA)COVID-19 LiabilityWrongful DeathExpert Report SufficiencyCausation in LawTexas Civil Practice and Remedies CodeEmployer NegligenceWorkplace ExposureMotion to DismissAppellate Review

References

Case No. CV-24-1493

Regular Panel Decision

Feb 11, 2026

Matter of Hogan v. ABF Frgt. Sys., Inc.

Decedent, a truck driver, contracted COVID-19 in March 2020 and died from cardiac arrest due to respiratory failure and COVID-19. His widow filed a claim for workers' compensation death benefits. The Workers' Compensation Board affirmed the Workers' Compensation Law Judge's decision establishing the claim, finding decedent's death causally related to his employment due to the prevalence of COVID-19 in his workplace. The employer appealed, arguing that due process rights were violated and challenging the causal connection. The Appellate Division affirmed the Board's decision, reiterating that contracting COVID-19 in the workplace qualifies as an unusual hazard and is compensable, and that the Board's factual findings were supported by substantial evidence.

Workers' CompensationCOVID-19Causal ConnectionWorkplace ExposureDeath BenefitsAppellate ReviewSubstantial EvidenceDue ProcessOccupational DiseaseTruck Driver

References

Case No. CV-23-1251

Regular Panel Decision

Nov 14, 2024

In the Matter of the Claim of Romona Rottkamp

Romona Rottkamp appealed a Workers' Compensation Board decision denying death benefits for her son, Brian Dutton (decedent). The decedent, a refrigeration engineer for New York University, contracted COVID-19 and later died due to cardiac arrest, with COVID-19 listed as a cause on his death certificate. Rottkamp claimed he contracted the virus at work. The Board affirmed the Workers' Compensation Law Judge's disallowance, finding insufficient proof of a causally-related death, specifically no credible evidence of COVID-19 prevalence in the work environment or specific workplace exposure. The Appellate Division affirmed the Board's decision, concluding it was supported by substantial evidence and that the claimant failed to meet the burden of proof, noting the lack of corroboration for the decedent's hearsay statement about contracting COVID-19 at work.

COVID-19Workers' Compensation Death BenefitsCausationEmployment ExposureHearsay EvidenceCorroborationSubstantial EvidenceAppellate ReviewRefrigeration EngineerWork Environment Safety

References

Case No. 2021-06-0176

Regular Panel Decision

Sep 21, 2021

Barnes, Christopher v. Vanderbilt University Medical Center

Christopher Barnes, a janitor at Vanderbilt University Medical Center, filed for temporary disability benefits, alleging he contracted COVID-19 from cleaning hospital rooms of discharged COVID-19 patients. Vanderbilt denied the claim, citing lack of medical causation and proper notice, stating its separate COVID-19 policy. The Court found Vanderbilt had actual notice of the alleged work injury but denied Mr. Barnes's request for benefits due to insufficient medical records proving the duration of his disability. However, the Court referred Vanderbilt to the Compliance Program for failing to provide a panel of physicians, highlighting its breach of statutory obligations. This case underscores the challenges in establishing work-related COVID-19 causation and employer compliance with workers' compensation laws regarding physician choice.

COVID-19Workers' CompensationTemporary DisabilityMedical CausationNotice of InjuryPanel of PhysiciansOccupational HealthExpedited HearingEmployer LiabilityHealthcare Worker

References

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Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 536047

Regular Panel Decision

Nov 16, 2023

In the Matter of the Claim of Frank Aungst

COVID-19Workers' Compensation BenefitsAccidental InjuryConsequential InjuryStrokeCausationElevated RiskStore ManagerEssential WorkerAppellate Review

References

Case No. 2019 NY Slip Op 01046 [169 AD3d 747]

Regular Panel Decision

Feb 13, 2019

Barrios v. 19-19 24th Ave. Co., LLC

Personal InjuryLabor LawScaffolding LawGravity HazardSummary JudgmentAppellate ReviewRepair WorkHoisting ApparatusWorkplace SafetyStatutory Interpretation

References

Case No. 536047

Regular Panel Decision

Nov 16, 2023

Matter of Aungst v. Family Dollar

COVID-19StrokeOccupational DiseaseAccidental InjuryCausationElevated RiskPublic-Facing EmploymentWorkers' Compensation BoardAppellate DivisionMedical Evidence

References

Case No. CV-23-0661

Regular Panel Decision

Oct 10, 2024

In the Matter of the Claim of Candice Miller (Wallace Miller (dec'd))

COVID-19Causally-related deathWorkers' Compensation Death BenefitsParatransit operatorWorkplace exposureElevated riskExtraordinary eventSubstantial evidenceCredibility of witnessesIncubation period

References

Case No. CV-23-1320

Regular Panel Decision

Jan 09, 2025

In the Matter of the Claim of Victor Martinez

Workers' CompensationCOVID-19 ExposureAccidental InjuryCourse of EmploymentSubstantial EvidenceAppellate ReviewWorkplace HazardCausal ConnectionSpecific ExposureBoard Determination

References

Case No. MISC. NO. 264

En Banc

Oct 27, 2020

Workers' Compensation Appeals Board vs. State of California

The Appeals Board rescinds its suspension of WCAB Rules 10755, 10756, and 10888, which had previously suspended the dismissal of cases for failure to appear due to the COVID-19 emergency.

Workers' Compensation Appeals BoardCOVID-19State of EmergencyEn BancWCAB RulesSuspensionRescindsDismissalFailure to AppearApplication

References

Case No. 13-23-00269-CV

Regular Panel Decision

Mar 13, 2025

Esmeralda Gonzalez v. CS Auto, LTD and Loco Management Company, L.L.C.

References

Case No. CV-24-1493

Regular Panel Decision

Feb 11, 2026

Matter of Hogan v. ABF Frgt. Sys., Inc.

Workers' CompensationCOVID-19Causal ConnectionWorkplace ExposureDeath BenefitsAppellate ReviewSubstantial EvidenceDue ProcessOccupational DiseaseTruck Driver

References

Case No. CV-23-1251

Regular Panel Decision

Nov 14, 2024

In the Matter of the Claim of Romona Rottkamp

COVID-19Workers' Compensation Death BenefitsCausationEmployment ExposureHearsay EvidenceCorroborationSubstantial EvidenceAppellate ReviewRefrigeration EngineerWork Environment Safety

References

Case No. 2021-06-0176

Regular Panel Decision

Sep 21, 2021

Barnes, Christopher v. Vanderbilt University Medical Center

COVID-19Workers' CompensationTemporary DisabilityMedical CausationNotice of InjuryPanel of PhysiciansOccupational HealthExpedited HearingEmployer LiabilityHealthcare Worker

References

Showing 1-10 of 794 results

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