Workers’ compensation did not protect against COVID-related death

One of the benefits of workers’ compensation is that it shields an employer from much more expensive types of injury claims. The injured worker trades the chance for a huge recovery in favor of an easier, more rapid, lower recovery. But workers’ comp isn’t a wall-to-wall remedy and won’t protect against fraudulent concealment. Will a coronavirus-related death fall under that exception?

Breakout waiting to happen

Leodegario Chavez Alvarado worked for Alco Harvesting, LLC as a foreman and bus driver. He died of COVID-19 complications after contracting the disease while working for Alco. His widow filed a civil action against Alco, claiming she’s not limited to workers’ comp remedies because of Alco’s “fraudulent concealment” of the conditions that led to Alvarado’s death.

Alco provided housing to Alvarado and other Alco workers at the Hotel Santa Maria in close living quarters that precluded social distancing. It was aware such placement facilitated the transmission of COVID-19, while a COVID outbreak at that location was unknown to Alvarado. Alco failed to report the outbreak to the health department, notify its employees, or implement adequate safety measures or measures to prevent or curb the outbreak.

Alvarado began feeling ill on or about June 26, 2020, and his symptoms were those associated with a COVID-19 infection. He immediately reported feeling unwell to his supervisors, who—by virtue of Alco’s superior knowledge regarding the outbreak—knew even before Alvarado that he had contracted the virus but failed to tell him of the outbreak or that his symptoms were that of COVID-19.