|
LSFS Prevails on 1st COVID Claim Litigated in Georgia
Phillip A. Sibley
Partner, Workers' Compensation
Karen Gibson
Associate, Workers' Compensation
On October 19, 2021, our Macon Partner, Phillip A. Sibley, and Senior Associate, Karen J. Gibson, tried the first Georgia Workers’ Compensation Claim involving Covid-19 in the workplace. The claim was brought by a widower whose deceased spouse worked as a records clerk for a county jail.
Judge Sharon Reeves issued the Award on December 29, 2021, finding that in this particular claim, Covid-19 was not a compensable injury or disease under the Georgia statute. Interestingly, the claimant’s counsel argued that Covid-19 was not an occupational disease but was rather an injury leading to disease and brought on by injurious exposure.
Our defense revolved around the deceased’s potential community exposure, as evidenced by bank records, as well as the extensive measures taken by the County to prevent the spread of Covid-19. Although we were successful in all our arguments, Judge Reeves based her Award in part on the position held by the deceased at the county Jail. The Award left open the possibility that some jobs or positions might lend a different result, and that is important to remember, especially for our first responder and health care clients who may be facing similar claims.
A timely appeal was filed by the Claimant on January 14th, and Oral Arguments will be scheduled later this year. We look forward to sharing our continued success with you on this and other claims. can articulate some sort of constitutional/due process objection that would merit a federal appeal.
| 
