Appeals court rules COVID death compensable for paratransit worker

A New York appeals court ruled the family of an unnamed paratransit operator who died of COVID-19 in March 2020 is entitled to workers compensation death benefits, saying his work put him at an increased risk of exposure to the deadly infection.

The Appellate Division of the Supreme Court of the State of New York, in affirming earlier rulings by a workers compensation law judge and the state Workers’ Compensation Board, wrote that the “decedent was at an increased risk of exposure to COVID-19 in the course of his employment due to the public-facing nature of his work and his regular interactions with members of the public, in particular members of the public seeking medical attention.’” The case is Matter of Miller v. Transdev Bus on Demand LLC.

The man’s job in the early days of the pandemic called for him to transport “passengers — often visibly ill — to and from medical appointments.” He worked nine hours a day, five days a week, and averaged 10 to 15 trips each day before being admitted to the hospital with COVID-19 on March 24, 2020, court documents state.