COVID 19 update
When the record shows that a worker more likely than not contracted COVID-19 at work, the claim should be allowed as an occupational disease. This is true even where the infectious disease is pervasive in everyday life if the injured worker’s distinctive conditions of employment made it more likely for the worker to contract the infectious disease.
Atlas Law, PS
11/20/20241 min read
COVID 19 update
In a recent Board of Industrial Insurance appeals decision, the Board determined that a flight attendant who contracted COVID 19 should have her claim allowed as an occupational disease.
On January 22, 2021, Ms. Bean was working as a flight attendant on a commercial Alaska Airlines flight.
Seven days later Alaska airlines notified her that a passenger on the January 22 flight and tested positive for COVID-19. Ms. Bean had been working near the passenger. On February 4, 2021, Ms. Bean tested positive for COVID-19.
The Department of labor and industries allowed the claim as an occupational disease. Alaska airlines appealed the order allowing the claim.
The industrial appeals judge determined that COVID-19 did not arise naturally out of the distinctive conditions of employment, because working in airplanes did not uniquely increase the risk of exposure to COVID-19.
Ms. Bean and the department both filed petitions for review. The board of industrial insurance appeals determined that the distinctive conditions of Ms. Bean’s employment increased the likelihood of her exposure to COVID-19, making it more likely that she would contract the virus while working as a flight attendant, in the confines of an aircraft, than in work environments, generally, or in her every day life. A preponderance of the evidence established that Ms. Bean contracted COVID-19 naturally, and proximately out of the distinctive conditions of her employment as a flight attendant.
Note: this decision is currently on appeal to Superior Court.
If you or someone you love has contracted Covid 19 at work, contact us here at Atlas Law and let us take the weight off your shoulders!
In re Shannon Bean, BIIA Dec., 21 18503 (2023)