As WV firefighter with COVID-19 fights for life, insurance refuses to open claim – WAVY.com

by: Shelby Davis, WTRF, Nexstar Media Wire

BROOKE COUNTY, W.VA (WTRF) A West Virginia firefighter is on a ventilator fighting for his life after contracting COVID-19, but a workers comp insurance agency is refusing to open a claim for him.

Now his family and the city are fighting for him to get compensation.

Lt. Brian Ritchie, 50, who has been a firefighter for Weirton Fire Department for 13 years, contracted the virus on Dec. 17.

As a firefighter, it is virtually impossible to socially distance while on duty.

Attorney Teresa Toriseva said those on Ritchies entire shift tested positive for COVID-19 and so did most on the opposite shift.

She said the city reported the case as occupational exposure to Encova, the workers comp insurance agency, but the company is refusing to open a claim.

He couldnt avoid COVID at work. It is what it is for firefighters. And when theyre harmed from an occupational disease, they should be covered wages, medical bills, Toriseva said. Thats what the system is designed to do. Its failing here.

Toriseva said Encova, formerly Brickstreet, is not complying with the law.

West Virginias Offices of the Insurance Commission cited guidance on its website from the National Council on Compensation Insurance on whether COVID-19 is compensable under state workers compensation acts. It states:

The answer to that question is maybe. While workers compensation laws provide compensation for occupational diseases that arise out of and in the course of employment, many state statutes exclude ordinary diseases of life (e.g., the common cold or flu). There are occupational groups that arguably would have a higher probability for exposure such as healthcare workers. However, even in those cases, there may be uncertainty as to whether the disease is compensable.

Toriseva says she hopes a judge will force the insurance commissioner to open a claim to at least consider whether Ritchie contracted COVID-19 as a result of occupational exposure.

WTRF have reached out to Encova but did not immediately receive a response.

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As WV firefighter with COVID-19 fights for life, insurance refuses to open claim - WAVY.com