The Appellate Division of the Supreme Court of the State of New York ruled on May 28, 2026, that a family is entitled to workers' compensation death benefits after a physical therapist assistant died from COVID-19 contracted while working. This decision affects the family of the deceased worker, Chanel Dulay, and sets important precedents for similar cases involving workplace exposure to the virus.

The case, Matter of Dulay v. Oriska Ins. Co., was filed under docket number CV-24-1589. It centers on the claim made by Chanel Dulay, the daughter of the deceased, against Oriska Insurance Company, which provided workers' compensation coverage. This ruling is significant as it confirms that COVID-19 can be considered a work-related injury, allowing families to seek compensation for losses incurred due to the pandemic.

Background

Chanel Dulay's father, a physical therapist assistant, worked with nursing home patients in the Bronx. In March 2020, he contracted COVID-19 and was hospitalized shortly after. He tested positive for the virus and ultimately died on May 10, 2020. Following his death, Dulay filed a claim for workers' compensation death benefits on behalf of herself and her siblings.

In addition to the death benefits claim, Dulay also filed a claim for lifetime benefits for the period he was hospitalized. She alleged that her father contracted COVID-19 while working and being exposed to patients who had the virus. The Workers' Compensation Law Judge (WCLJ) combined both claims and directed that they be heard together, despite the insurance carrier contesting both claims.

The Ruling

The court upheld the Workers' Compensation Board's decision, which affirmed the WCLJ's ruling that Dulay's father died as a result of work-related COVID-19. The court noted that the evidence supported the conclusion that his death was causally related to his employment. The ruling stated, "the medical evidence showed that decedent's death was a consequence of his causally related COVID-19."

The court also pointed out that the insurance carrier failed to provide any medical evidence to dispute the findings. It emphasized that the carrier did not contest that the decedent died from COVID-19 and its complications. The judges involved in this ruling included Garry, P.J., Reynolds Fitzgerald, Ceresia, Powers, and Mackey.

Impact

This ruling is significant because it establishes a precedent for workers' compensation claims related to COVID-19. It clarifies that workers who contract the virus while performing their job duties may be eligible for compensation, especially in high-risk environments like healthcare facilities. This decision could influence similar cases, granting families the ability to seek benefits when a loved one dies from work-related COVID-19 exposure.

The ruling also highlights the importance of providing medical evidence in workers' compensation cases. The insurance carrier's failure to contest the findings or provide evidence led to the affirmation of the benefits claim. This could encourage other families facing similar situations to pursue their claims more vigorously, knowing that the courts may support them based on the evidence presented.

What's Next

While the court has affirmed the decision regarding the death benefits claim, it is unclear whether the insurance company will seek further appeal. There are no related cases pending that were mentioned in the court filing. However, the ruling may prompt other workers and their families to file claims for compensation related to COVID-19, potentially leading to more litigation in this area.