Butts, Thomas

Applicant Thomas Butts, a workers' compensation applicant attorney, contracted severe COVID-19 (resulting in a months-long coma and serious sequelae) which he attributed to a March 12, 2020 Mandatory Settlement Conference at the San Jose WCAB where he met with an ill, coughing client and the client's relative in a small enclosed attorney-client conference room for an extended period without masks. Because the injury date fell outside the Labor Code 3212.86 COVID presumption period (which begins March 19, 2020), applicant had to prove compensability under the general rule for non-occupational diseases, which requires showing an increased risk of exposure compared to the general public. The WCJ found, relying on the reports of Court Appointed Regular Physician Dr. Dreyfuss, that applicant's work as an injured worker attorney—requiring routine, prolonged meetings with clients in small confidential rooms—placed him at increased risk versus the general public, satisfying the LaTourette exception. The WCAB adopted and incorporated the WCJ's report and denied defendant's Petition for Reconsideration.