Landmark ruling could mean new HR risks and responsibilities for companies with traveling staff
Washington’s top court just expanded workers’ comp: travel for work could mean coverage for diseases like COVID-19, not just injuries.
Lisa M. Azorit-Wortham, a flight attendant for Alaska Airlines, claimed she contracted COVID-19 in March 2020 because of her employment. During the relevant period, she flew on eight flights, including four transcontinental trips, at a time when neither passengers nor crew were required to wear masks to prevent transmission. She testified that, outside of work, her only close contacts were her husband and son, and she estimated she had come into close contact with fewer than 10 people while not working.
After testing positive for COVID-19, Azorit-Wortham filed a workers’ compensation claim, arguing her illness met the definition of an “occupational disease” under Washington’s Industrial Insurance Act. The Department of Labor and Industries granted her claim. Alaska Airlines appealed, and an administrative law judge concluded that her illness did not qualify as an occupational disease and reversed the Department’s decision. The Board of Industrial Insurance Appeals upheld the administrative law judge’s ruling.
Azorit-Wortham then appealed to the Pierce County Superior Court. The jury, instructed that the Industrial Insurance Act could provide coverage for occupational diseases contracted during work travel if statutory requirements were met, found...
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