A front-line nurse can’t collect workers’ compensation after contracting COVID-19 in 2020, which she claimed led to the death of one of her two sons.
The Superior Court of Delaware affirmed a lower court decision finding that there wasn’t sufficient evidence to prove that the nurse contracted COVID-19 at work during the pandemic.
One son was in public often while running family farm
Carol Hudson was working as a front-line nurse for Beebe Medical Center in October 2020. Hudson and her two sons, Michael and Skyler, lived together in a five-bedroom farm house.
While Hudson worked at Beebe, Skyler was attending college and Michael took care of the family farm. Michael had to make deliveries to customers, stores and a local farmer’s market as part of his duties, even during the pandemic. He wore a mask while making the deliveries, but his trips to the farmer’s market, which had him in a public space for up to four hours twice per week, left him particularly exposed to the COVID-19 hazard.
Hudson also had to make the occasional shopping trip and she always wore a mask and practiced social distancing. Michael drove her to work every day and they occasionally ate out at restaurants together or ordered food for delivery.
Hospital provided PPE, regularly screened its workers
Working at Beebe in October 2020 was “chaotic and very stressful on a day-to-day basis” once COVID-19 patients began arriving, Hudson said in court. The hospital was short-staffed and while it provided PPE, Hudson felt its quality was lacking. However, a co-worker testified in court that N-95 masks were always available and that overall the PPE that was provided was adequate. The hospital also screened employees for COVID-19 before they entered the facility and wouldn’t allow them to enter if there was evidence that they contracted the virus.
Hudson recalled several incidents later in October that could have resulted in her contracting COVID-19 and Skyler testified that Hudson was the first member of the family to begin showing symptoms of the virus. Although Hudson mentioned that she had asthma and allergies and had non-COVID coughing fits and shortness of breath regularly before she became infected. She testified that her symptoms began on Oct. 14 or 15, 2020.
‘Distinctly unusual’ her son died so soon after showing symptoms
Over the course of several days, both sons began exhibiting symptoms with Michael being the first. On Oct. 21, 2020, Hudson was feeling very ill and Michael took her to the emergency room. Michael died the following day.
Hudson felt that she had been infected by COVID-19 at work and passed it to Michael and eventually to Skyler, but the hospital presented evidence that her infection began Oct. 19, 2020. The evidence consisted of documentation of an emergency room visit on that date for a persistent cough and a COVID-19 intake form when she called in sick for work that indicated a symptom start date of the same date.
Two doctors testified, one on behalf of Hudson and one for Beebe. The doctor who testified for Beebe had treated Hudson for COVID-19 and remembered her saying that she was fine until Oct. 19. He also found it “distinctly unusual” that Michael died so quickly after presenting symptoms. In his opinion, it was Michael who got sick first and then infected Hudson and Skyler.
Hudson filed a workers’ compensation claim which the state’s Industrial Accident Board denied due to insufficient evidence to prove she contracted COVID-19 at work.
‘Disease isn’t occupational if contracted outside of workplace’
On appeal with the Superior Court of Delaware, Hudson challenged the board’s conclusions regarding the evidence.
The court said it was her burden to prove that the working conditions at her job were what caused her to contract COVID-19.
“A disease is not an occupational disease if contracted outside of the workplace, even if it is an ailment that might qualify as a compensable occupational disease if contracted in the workplace,” the court said in affirming the board’s decision.
There was substantial evidence supporting the board’s ruling, according to the court, which pointed out Hudson’s focus and use of PPE at work, the testimony of the doctor who treated her for COVID-19, and the likelihood that Michael was the one who was the first to be infected.
