Was applicant exposed to virus on vacation or at work?

In a recent case, a workers’ compensation administrative law judge had to determine, based on substantial medical evidence, whether it was reasonably probable that the claimant contracted COVID-19 as a result of a workplace exposure.

In early 2020, the Department of State Hospitals employed the applicant in the case of Dawson vs. Patton State Hospital; State Compensation Insurance Fund as a dietician at Patton State Hospital in San Bernardino.

The applicant sued her employer for workers’ compensation allegedly based on an industrial injury to her psyche and internal systems in the form of COVID-19, which she said that she contracted while at work.

Read more: Shipping clerk claims injuries, COVID while employed by The Beauty Box

According to the facts in the evidentiary record, the applicant:

• returned to work from a vacation in New Orleans and attended a union meeting on Mar. 4, 2020
• complained about a sore throat the next day to an urgent care doctor, who diagnosed her with either laryngitis or pharyngitis
• travelled to Oakland and Sacramento to participate in union activities from Mar. 9–14, 2020
• went to work on Mar. 16–17, 2020
• was sent home on Mar. 17, 2020 after a COVID-19 screening process noted that she had a raspy voice
• started experiencing additional symptoms – including headache, body ache, difficulty breathing, loss of sense of smell and taste, and more severe fatigue – and scheduled a COVID-19 test on Mar....

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