High court upholds compensability of lineman’s COVID disability

The Supreme Judicial Court of Massachusetts on Tuesday upheld an award of benefits to a lineman for his total disability after a COVID-19 infection.

Jeff Stacy worked as a lineman for Unitil Corp. In March 2020, the Massachusetts governor declared a state of emergency because of COVID. Unitil remained open as a provider of essential services, according to Stacy’s Case, No. SJC-13712.

In February 2021, a series of snowstorms forced Mr. Stacy to work overtime. On Feb. 17, the lineman who shared his truck reported feeling unwell, and eight of the 11 linemen on that team tested positive for COVID-19. Mr. Stacy later developed COVID symptoms, tested positive, and was hospitalized. He has not been able to return to work.

Unitil’s insurer denied his workers compensation claim, arguing that the risk of contracting COVID was not inherent in the nature of his employment as a lineman.

An administrative law judge found that an inherent danger of infection was essentially characteristic of his employment and ordered the carrier to pay temporary total incapacity benefits and to cover related medical expenses.

The Industrial Accident Reviewing Board affirmed, and the insurer appealed. The Supreme Judicial Court then transferred the case to its docket from the Appeals Court.

The high court said the “board reasonably considered that (his) job was one of the few ‘essential services’” and that “the risk of infection through close contact with others was high” as he shared a vehicle with others as part of his job.

“These essentially characteristic aspects of his employment increased the likelihood of contracting COVID-19,” the court wrote.

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