COVID-19 and workers’ compensation in West Virginia: A work in progress

On March 6, 2023, the new Intermediate Appeals Court of West Virginia (ICA) issued the state’s first opinion on the compensability of a claim for contracting COVID-19.

Facts

Brittany Foster was employed by a company that provides healthcare services in West Virginia jails. Her job required her to administer COVID-19 tests to employees and inmates. She and other staff members who had attended a management meeting were subject to quarantine after some of the attendees testified positive for COVID-19.

During the quarantine period, Foster engaged in activities with family members and visited an emergency room. A week later, she tested positive for COVID-19 and was hospitalized for pneumonia. She was noted to have several significant preexisting health conditions.

Foster submitted a claim form alleging direct exposure to COVID-19 at the management meeting. The physician completing the medical section of the form, however, noted “N/A” in the section asking if the condition was a direct result of employment. A second claim form was submitted, this time with another physician indicating the COVID-19 infection was a “non-occupational condition.” The claim was denied, and she appealed.

Which doctor