In a recent ruling, the Arizona Court of Appeals established that an office worker’s death from COVID-19 could qualify for workers’ compensation, provided statutory requirements are satisfied. This decision is in direct response to the case of Kenneth Zerby, a design engineer who succumbed to the disease while working for Western Millwork in October 2020.
At the start of the coronavirus pandemic, Western Millwork continued to operate its Phoenix office regularly, instituting several measures inspired by guidelines from the Centers for Disease Control and Prevention. Such measures included compulsory mask-wearing (except when in one’s office), the enforcement of social distancing, and a mandate for employees to stay home if they fell ill. Nevertheless, Zerby’s interactions in the office during this high-risk period are assumed to be the circumstances under which he contracted the virus.
During the oral argument, the employer suggested that a disease not classified as an ‘occupational disease’ should not be recognized as an ‘accident.’ However, Judge Michael S. Catlett, in his written opinion for the court, countered this interpretation. He stated, “We start with the word ‘accident.’ The argument is inconsistent with decades of precedent saying otherwise.”
This case opens up a technical distinction and precedent in how ‘accidents’ are defined within the context of compensable workers’ compensation claims, particularly in relation to COVID-19. For more detailed information on this court ruling, see the Law.com article.
You can also access the full court opinion to glean deeper insights into the judged reasoning and implications of this ruling.