Matter of Holder v. Office for People with Developmental Disabilities et al.

Summary

The New York Appellate Division, Third Department, affirmed the Workers' Compensation Board's denial of death benefits arising from the decedent's COVID-19 infection. The court held that substantial evidence supported the Board's finding that the claimant failed to establish a specific workplace exposure or a prevalence of COVID-19 in the decedent's work environment sufficient to show that the death arose out of and in the course of employment.

Holdings

1. The contraction of COVID-19 in the workplace reasonably qualifies as an unusual hazard, rather than the natural and unavoidable result of employment, and therefore may be compensable under the Workers' Compensation Law.
2. The claimant failed to meet her burden of demonstrating that the decedent contracted COVID-19 in the course of his employment because she offered no evidence of a specific workplace exposure or of COVID-19 prevalence in the group home or among relevant coworkers before or contemporaneously with symptom onset.
3. The Board's determination disallowing the claim was supported by substantial evidence and would not be disturbed.
4. The Board did not act arbitrarily and capriciously because the cases cited by the claimant were factually distinguishable.

Questions Presented

1. Whether the claimant established that the decedent contracted COVID-19 in the course of his employment so as to qualify for workers' compensation death benefits.
2. Whether substantial evidence supported the Workers' Compensation Board's determination that the death was not causally related to employment.
3. Whether the Board acted arbitrarily and capriciously by failing to follow its own precedent.

Disposition

affirmed