Leon County Schools has denied the Chiles High School athletic director's COVID-19-related workers' compensation claim, saying he cannot prove he caught the virus while working.
But Mike Eto and his wife Allison, in a recent interview with the Tallahassee Democrat, say Mike was exposed while in an enclosed workout room with a high school athlete who tested positive for the virus.
Mike tested positive for the novel coronavirus and was hospitalized in July. He continues to battle the virus at his home in Thomasville, Georgia.
More: Chiles athletic director describes battle against COVID-19 as 'life-changing'
His experience underscores the potential challenges teachers may face if they get COVID-19 this year.
"Mike will be out of work for at least another month, using his own leave, or not paid, I assume," Allison Eto said. "It could be longer if the pulmonologist (a respiratory system doctor) says his lungs are damaged. Most families can't afford this."
According to Florida workers' compensation law, "in cases involving occupational disease or repetitive exposure, both causation and sufficient exposure to support causation must be proven by clear and convincing evidence."
In other words, Eto has to prove it's "highly" likely to be true that he caught COVID-19 from being in the workout room with the positive-testing student.
In a county with more than 5,100 confirmed, cumulative cases of COVID-19 and a proven community spread, that is likely to be near impossible, according to Rick Johnson, a Tallahassee employment attorney.
And Johnson added that the issue of workers' compensation claims relating to COVID-19 is still too new to have developed any controlling judicial precedents.
In a form letter denying Eto's claim and sent in late July, the school district said the workplace was not determined to be a major contributing cause of Eto's COVID-19 diagnosis.
Superintendent Rocky Hanna "spoke with (Mike) earlier this week to check in on him and see how he was feeling," district spokesman Chris Petley said in an email. "We are hopeful that Mike will continue to make improvements in his recovery and wish him nothing but the best during this time."
Petley added that a third-party adjuster and district's Risk Management Director Tod Stupski reviewed Eto's workers' compensation claim and documentation.
"They reached the opinion that there was no definitive evidence that transmission of the virus occurred within the scope of his employment," Petley wrote.
How this may affect teachers
"We have no idea what our medical bills will be, but (the district) won't assist with them if they won't even pay his leave," Allison told the Democrat. "He didn't choose to open gym for groups of boys."
As the Aug. 31 start of school nears, teachers will re-enter classrooms two weeks early to ready their work spaces.
As of Wednesday, the district reports that 52% of students have opted to return to brick-and-mortar schools while 47% have opted for online learning, though Hanna recently said the district has only heard from 90% of students about reopening plans.
Johnson, the employment law attorney, said the closest comparison for COVID-19 claims would be workers falling ill from mold in offices.
But even then, proving that mold in an office, which could be found outside, caused an employee to get sick is a steep challenge. Johnson also said he's never seen a workers' compensation claim related to the flu.
Making clear he didn't intend to offer legal advice, Johnson said that instead of teachers filing for workers' compensation, they could simply file a civil lawsuit, alleging injury because of someone else's negligence or other wrongful acts.
“This is breaking fresh ground, but it could be argued if there’s a virtual certainty of getting sick from the conditions of being so crowded and about it being just about impossible to disinfect everything enough, then it’s a known hazard," Johnson said in a phone interview.
"And if you’re deliberately putting people in a known hazard, they may well have a claim," which could theoretically go before a jury. “If it becomes a jury question, it becomes a whole different kettle of fish."
CD Davidson-Hiers is an education reporter for the Tallahassee Democrat. Contact her at 850-631-0958, or CDavidsonH@Tallahassee.com. Twitter: @DavidsonHiers.
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Message from Eto family to Chiles school community:
Dear Chiles Family,
We just wanted to take a moment to thank you all for your love and support during Mike’s illness. We have been beyond touched by each of your actions, words and prayers.
The meals, cards, gifts and uplifting words have kept our spirits up, and have reminded Mike to keep fighting.
I truly don’t believe he knew what he meant to everyone.
The last month has been very scary, as we have tried to navigate this awful virus. We know that Mike still has a long way to go, so please keep him in your thoughts and prayers.
Please stay safe and healthy.
Again, thank you all so very much.
Love, Mike and Allison Eto
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Leon County Schools denies Chiles athletic director's COVID-19 workers' comp claim - Tallahassee Democrat
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