The Washington Supreme Court has ruled that the state’s “traveling employee” doctrine may extend to occupational diseases, potentially broadening workers’ compensation coverage for employees who fall ill while travelling for work.
The case, Azorit-Wortham v. Department of Labor & Industries of Washington and Alaska Airlines, involved flight attendant Lisa Azorit-Wortham, who claimed she contracted COVID-19 in March 2020 while working for Alaska Airlines. After her claim was initially denied, a jury ruled in her favour, determining that the state’s legal framework for traveling employees applies to infectious diseases. However, the Court of Appeals later reversed this decision, excluding occupational diseases from the traveling employee doctrine.
The central issue was whether workers who contract communicable diseases while travelling for work are eligible for coverage under the doctrine, which generally compensates for injuries or illnesses “arising naturally and proximately out of employment.” Alaska Airlines argued that extending the doctrine to diseases would make coverage “automatic” and eliminate the need for employees to prove specific, employment-related exposure.
The state’s highest court clarified that the doctrine does not change the definition of occupational disease but provides guidance on the period of coverage. The court stated, “If a worker contracts a disease that meets the statutory definition while travelling for work, the Act provides coverage.”
The court rejected the appellate court’s view that travel-related activities—such as staying in hotels or dining at restaurants—are merely “conditions of everyday life” and thus outside the scope of occupational disease coverage.
While the ruling does not automatically approve Ms. Azorit-Wortham’s COVID-19 claim, it confirms that traveling employees are included within the legal scope for both injuries and diseases contracted during work-related travel. The Court of Appeals must now assess whether sufficient evidence supports the jury’s finding that her infection “arose naturally and proximately” from her employment.