The deceased worked in an environment with high COVID-19 contraction rates and no safety mechanisms in place.
PHILADELPHIA, April 14, 2022 /PRNewswire-PRWeb/ -- Jerry M. Lehocky, a founding partner of Pond Lehocky Giordano LLP, recently obtained a favorable court ruling from a Workers' Compensation Judge on behalf of a widow whose husband passed away from COVID-19 after being exposed to the virus at work. The case is Estate of Henry Koffa, Sr., v. Merakey, Workers Compensation Office of Adjudication - Springfield, PA office, WCAIS #8513607.
The deceased worked as a direct care aide for his Employer's residential care facility for individuals with disabilities. He continued to work in this environment in March and April of 2020, despite the Employer failing to provide its employees with masks or implementing safety precautions to reduce the spread of COVID-19. The deceased unfortunately acquired COVID-19 in April of 2020 and subsequently passed away from the virus in May of 2020.
The Employer denied responsibility for the deceased's death from COVID-19, arguing that there were no positive COVID-19 cases at its location and that the deceased did not actually pass from COVID-19. Mr. Lehocky subpoenaed the actual COVID-19 positive case reports from the Employer that in fact showed multiple residents and employees had positive COVID-19 tests at the time of the deceased's passing and dismantled the Employer's medical expert's opinion that COVID-19 was not the cause of death. The Workers' Compensation Judge on the case found that the deceased did have workplace COVID-19 exposure, and that his death was a result of that exposure. As a result, Mr. Lehocky was able to obtain fatal claim benefits for the deceased's widow.
"To claim our client's husband did not contract COVID-19 at his workplace or pass from the virus was a callous and absurd assertion that made a tragic situation even more painful for our client," said Mr. Lehocky. "We are thrilled that our client has received the fatal claim benefits to which she was always entitled, and we hope this sets a precedent for any similar cases that follow."
If you have a family member or loved one who passed away from COVID-19 after acquiring it from their workplace, please contact Pond Lehocky Giordano at [email protected] or through our website at https://www.pondlehocky.com. There is no cost to speak with our legal team about your potential case.
About Pond Lehocky Giordano LLP
Pond Lehocky Giordano LLP is the largest workers' compensation, Social Security disability, and short- and long-term disability law firm in Pennsylvania. The firm's nationwide referral network, which includes more than 2,000 attorneys and through which more than 160,000 cases have been referred, helps injured and disabled Americans across the country obtain the legal assistance they need to get their lives back in order. The firm has been recognized by The Philadelphia Inquirer as a "Top Workplace," the Philadelphia Business Journal as a "Best Place to Work," and The Legal Intelligencer as one of the top law firms in Philadelphia for gender diversity. For more information, please visit https://www.pondlehocky.com.
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SOURCE Pond Lehocky Giordano LLP
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