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DURING MARCH AND APRIL 2020 CLAIMANT, WHO WORKED IN RETAIL IN CLOSE CONTACT WITH THE PUBLIC, WAS EXEMPT FROM THE EMERGENCY WORK RESTRICTIONS; CLAIMANT CONTRACTED COVID, SUFFERED A STROKE AND WAS HOSPITALIZED FOR FOUR MONTHS; HIS CLAIM CONSTITUTED A “COMPENSABLE ACCIDENT;” CLAIMANT DEMONSTRATED AN EXTRAORDINARY RISK OF EXPOSURE DUE TO FREQUENT CONTACT WITH THE PUBLIC “IN AN AREA WHERE COVID WAS PREVALENT” (CT APP). ​

The Court of Appeals, in a full-fledged opinion by Judge Singas, determined the Workers’ Compensation Board properly considered the “prevalence of the COVID virus” in the claimant’s workplace and properly awarded benefits. Claimant, who worked in retail, was exempt from the emergency restrictions and had extensive contact with the public during March and April 2022. After contracting COVID, claimant had a stroke and was hospitalized for four months:

… [C]laimant testified that he worked full time in a high-volume store during March and April 2020. According to claimant, his job responsibilities involved almost constant contact with the public, working either on the store floor or as a cashier. Claimant testified that employer did not provide store employees with sneeze guards or protective face masks until mid-April 2020. Although employer had a policy requiring customers to socially distance and wear face masks in the store, claimant explained that management advised employees not to enforce that policy. Many customers did not wear face masks, and claimant recounted specific instances of close contact with customers despite employer’s social-distancing policy. * * *

The Board determined that relevant case law “indicate[d] that if a claimant contracts COVID-19 through close contact with the public, such exposure could be found to be a work-related accident within the meaning of [Workers’ Compensation Law] § 2 (7).” According to the Board, a claimant can demonstrate this by showing COVID-19’s “prevalence” in the workplace … . * * *

… [T]o establish that an illness due to exposure to pathogens or adverse environmental conditions is compensable, a claimant must demonstrate that the illness was caused by “extraordinary” workplace exposure … . Consistent with that requirement, the Board’s “prevalence” framework requires a claimant to show a “significantly elevated” risk of exposure … . As applied to COVID-19, the “prevalence” framework specifically requires a claimant to demonstrate an “extraordinary” level of exposure through evidence of frequent contact with the public or co-workers “in an area where COVID-19 is prevalent.” … [P]ersistent, high-risk exposure to a disease in the workplace culminating in infection can constitute a compensable accident … . Matter of Aungst v Family Dollar, 2025 NY Slip Op 06530, CtApp 11-24-25

Practice Point: Consult this opinion for insight into when exposure to a disease in the workplace, here COVID, can be considered a “compensable accident” under the Workers’ Compensation Law.​

 

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