November 21, 2025 | New York, NY — MedLegalNews.com — A recent appellate decision in New York sheds light on the high standard that workers compensation claimants must meet to prove COVID-19 exposure at work. In a case closely watched for its impact on any COVID-19 compensation claim New York workers may file, the court in Matter of Angelo v. Southwestern Central School (No. CV-24-0407) overturned a prior ruling in favor of a school custodian, Michael Angelo, who alleged he contracted COVID-19 while working evening shifts at a high school.
What Happened: The Custodian’s Claim
Angelo worked a schedule from 1:30 p.m. to 10:00 p.m., overlapping with students participating in sports activities. He argued that cleaning hallways and interacting with passing students created an elevated risk of contracting COVID-19. The school and insurance carrier denied the claim, noting that Angelo had only brief, limited contact with students and staff. This case highlights the challenges of pursuing a compensation claim, as workers must show that workplace exposure was higher than the risk faced by the general public.
Court’s Rationale: No Elevated Risk Proven
The appellate court determined the custodian failed to demonstrate that his work posed a higher risk than the general public faced. Key factors cited included:
- Limited interaction with students and staff
- Lack of evidence of widespread COVID-19 cases in the workplace
- Non-work exposures, such as church attendance, that could have contributed to the infection
This ruling underscores that for a successful compensation claim, workers must provide clear evidence that their workplace presented an elevated risk compared with the general population. Without such proof, claims are unlikely to succeed.
Implications for Workers, Employers, and Evaluators
- Claimants: Must show either direct exposure to COVID-19 at work or that the work environment had a significantly higher risk than the public.
- Employers/Insurers: Detailed documentation of workplace safety, exposure tracking, and mitigation measures is crucial.
- Medical-Legal Evaluators: Should assess both workplace and non-work exposures to determine the likelihood of causation.
For workers considering a compensation claim, this decision highlights the importance of documenting all aspects of potential exposure and providing evidence that workplace risk was higher than ordinary public risk. Employers and evaluators alike should recognize that thorough records, detailed safety protocols, and accurate reporting can significantly affect the outcome of a compensation claim.
Read the full decision: Justia – Matter of Angelo v. Southwestern Central School.
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FAQs: COVID-19 Workers’ Compensation in New York
Can workers still file COVID-19 claims in New York?
Workers can file claims, but they must show either direct exposure to COVID-19 at work or that the work environment created a significantly higher risk than the general public.
What constitutes “elevated risk” in the workplace?
Elevated risk refers to exposure above that of the general public, such as regular, close contact with infected individuals, documented outbreaks at the workplace, or situations where safety measures were insufficient.
How should employers document workplace safety for COVID-19 claims?
Employers should keep records of safety protocols, employee interactions, cleaning schedules, and any reported cases of infection among staff or visitors.
Do non-work exposures affect claim decisions?
Yes. Activities outside of work, such as social gatherings or household contacts, can undermine a worker’s claim if they provide alternative sources of infection.