Tort Claim Based on Covid-19 Death Stayed Pending IAB Adjudication

By way of brief update for those of you tracking Covid-related developments at the IAB - today’s case is Ingino-Cacchioli v. Infinity Consulting Solutions, Inc., N20C-12-243 JRJ (Del. Super. Ct. Aug. 19, 2021).

The Estate of Claimant filed a tort claim in the Superior Court alleging recklessness, negligence and gross negligence against his employer. In response, the defendant filed a Motion to Dismiss based on the exclusivity provision, Section 2304 of the Workers’ Compensation Act.  Of note, the claim was that Covid-19 was contracted in the course and scope of employment and caused Claimant’s death.  President Judge Jurden ruled in favor of a stay, pending consideration of the case by the Industrial Accident Board as to whether the Covid-19 death legally qualifies as an occupational disease.

You may recall that the first case to proceed to IAB Hearing left open the issues of whether Covid qualifies as an occupational disease, with the Petition dismissed based on failure to prove the exposure occurred at work, regardless of any related legal issues.  See our post of 1/25/21, Winner Winner Chicken Dinner, discussing Carl Fowler v. Perdue, IAB# 1501167 (12/31/20).

I have a feeling more Covid-related cases will be making an appearance in the near future… stay tuned!

Irreverently Yours,

Cassandra Roberts