A wrongful death suit alleging that workplace conditions caused a grocery store employee to die of COVID-19 was barred by the Workers Compensation Act, the Court of Appeals of Virginia has held.
The circuit court said workers’ compensation was the exclusive remedy for the claim. On appeal, Judge Frank K. Friedman rejected the store’s “all or nothing” analysis but found that dismissal was warranted.
“[The decedent’s] illness can be seen, if the administrator’s allegations are proved, to have followed as a natural incident of his work as a result of the exposure occasioned by his work conditions.” Friedman wrote. “Accordingly, we agree with the circuit court that the exclusivity bar of the Workers’ Compensation Act applies to this claim.”
Friedman was joined by Chief Judge Marla Graff Decker and Judge Richard Y. AtLee Jr. in Taylor v. Posey, et al. (VLW 023-7-317).
Ricky Taylor was employed by Giant, a retail grocery store chain. In March 2020, the Virginia governor deemed businesses like Giant to be essential during the pandemic. Ricky contracted COVID-19 in April 2020; he died the following month from complications arising from COVID.
As administrator of her husband’s estate, Brenda Lee Taylor sued Giant for wrongful death. Because Ricky quarantined at home when not working, Brenda claimed he must have contracted COVID-19 at Giant.
Per the complaint, Ricky was “highly vulnerable” to catching COVID-19 but Giant let customers shop without masks or distancing,...
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