Glossary Check: Ariz. ‘Risk’ Categories

Phoenix, AZ (WorkersCompensation.com) -- For those who read our recent summary on the case of a worker in Arizona who died from getting COVID on the job, a part of the court's analysis dealt with the origin and level of risk contributed by the worker's employment.

The court explained that, in Arizona, courts consider whether the origin is:

(1) Distinctly work-related, such as machinery malfunctioning.
(2) Wholly personal, such as a heart attack entirely attributable to a preexisting heart condition or a death from natural causes.
(3) Mixed (partially work-related and partially personal)
(4) Neutral, such as being hit by a stray bullet or struck by lightning.

Regarding the nature of the risk, Arizona uses four categories:

(1) Peculiar risk doctrine: The source of the injury is peculiar to the occupation.
(2) The increased risk doctrine: The employment quantitatively increases the chance of injury.
(3) The actual risk doctrine: The employment subjects the employee to the risk of injury.
(4) The positional risk doctrine: The injury would not have occurred but for the fact that the employment placed in a position where she was injured.

The court in the case determined that it was "mixed risk" case, in which employment was merely a contributing factor an injury. In a mixed risk case, the court explained, the analysis follows the actual risk doctrine to determine whether the injury arose out of employment where a work-related activity and a personal condition combine to cause the injury.

The inquiry the court engaged in did "not weigh the relative importance of the personal and employment causes" nor "look for primary and secondary causes." Instead, the inquiry was whether the employment was a contributing factor.

In the worker's case, it was, and his wife was entitled to benefits related to the worker's death from COVID-19.

Share This Article: