A pipefitter working in a remote Alberta camp has been awarded workers’ compensation benefits after the Appeals Commission for Alberta Workers’ Compensation ruled that he contracted COVID-19 as a result of his job, rejecting his employer’s bid to shift claim costs to another party.
The case centred on whether the worker’s COVID-19 infection was work-related and if the employer was eligible for cost relief due to potential negligence by another party. The Appeals Commission ruled against the employer on both counts, maintaining that the worker’s illness was compensable under the Workers’ Compensation Board (WCB) policy.
Worker’s claim upheld
The Commission examined the circumstances of the worker’s infection, which occurred in April 2021 at a remote work camp. The worker contracted COVID-19 while living in the camp, and the WCB had previously found that his employment conditions significantly increased his exposure risk.
This position was supported by WCB policy, which considers employees confined to work camps as “captive workers,” with heightened exposure risks due to shared facilities, like the camp’s lunchroom.
Although the employer argued that the worker’s risk of contracting COVID-19 was not higher than that of the general population, the Commission disagreed. The ruling emphasized that “the nature of the worker’s employment involved sufficient exposure to the source of infection.” It also noted that the camp’s confined spaces, where workers regularly removed masks to eat, increased the likelihood of airborne transmission, a fact supported by WCB’s medical review documents.
The decision also referenced a WCB fact sheet on COVID-19 claims, which highlighted the high transmission risk in enclosed spaces, especially when there is poor ventilation. Given that the worker did not leave the camp during his stay and had tested negative upon arrival, the Commission determined that his infection was likely attributable to his work environment.
Temporary disability benefits granted
The Commission also upheld the worker’s entitlement to Temporary Total Disability (TTD) benefits due to COVID-19. The worker had reported symptoms that persisted well beyond the initial diagnosis, including headaches, respiratory issues, and fatigue. Medical assessments confirmed that he was unable to return to work until June 2021.
According to the Commission, the worker’s inability to work due to COVID-19 met the criteria for TTD benefits. The decision noted that even though the employer had not challenged the duration of these benefits, the worker’s condition necessitated time away from work. The ruling reiterated that under WCB policy, workers who contract compensable infectious diseases are entitled to benefits for any forced time loss.
Cost relief denied
The employer also sought cost relief, claiming the infection might have been the result of another party’s negligence. According to Alberta’s Workers’ Compensation Act, cost transfer is possible if another employer or their worker is found negligent. However, the employer’s representative acknowledged the challenge in identifying “patient zero,” the person who initially brought the virus into the camp.
The Commission found that without a clear identification of the infection source and an absence of evidence pointing to negligence by another employer, the cost transfer request could not be granted. The ruling highlighted a WCB statement explaining that “it will be difficult to determine the identity of ‘patient zero’” and added that even if such identification were possible, privacy laws prevent the disclosure of other workers’ health information.
Furthermore, the decision clarified that the employer’s costs had already been relieved by the WCB, meaning there were no additional costs to transfer. The WCB had also offered to provide a letter to the employer detailing the COVID-19-related claims, which could mitigate the impact on the employer’s accident experience account.
Appeals commission affirms WCB decisions
Ultimately, the Appeals Commission confirmed all previous WCB decisions, denying the employer’s appeal. It ruled that the worker’s infection was sufficiently related to his employment and that he was rightfully entitled to compensation and TTD benefits. The Commission also determined that the employer was not entitled to cost relief due to the inability to attribute the infection to another party’s negligence.
The ruling underscores the strict criteria under which WCB assesses claims for infectious diseases and the challenges employers face in seeking cost relief related to workplace-transmitted COVID-19. The decision reaffirms WCB policies that prioritise worker safety and compensation amid complex workplace health risks.
For more information, see Decision No.: 2024-0396, 2024 CanLII 94089 (AB WCAC).
