Azorit-Wortham: A Supreme Court Victory for Injured Workers
On November 6, 2025, the Washington State Supreme Court issued an important ruling, holding that the “traveling employee doctrine” applies to occupational disease cases. The case was Azorit-Wortham v. Department of Labor and Industries (Dckt No. 103488-1, November 6, 2025).
Ms. Azorit-Wortham was a flight attendant for Alaska Airlines. During the height of the COVID-19 pandemic (during the state-declared stay at home order), Ms. Azorit-Wortham had to travel extensively for her job, working on eight different flights. Between her flights, Ms. Azorit Wortham had to walk through the airports, ride shuttle vans, and stay at hotels. During this period, Ms. Azorit-Wortham contracted COVID-19.
Ms. Azorit-Wortham argued that the “traveling employee doctrine” should apply to her case, meaning that she would be covered for workers’ compensation purposes during the entire time she was away from home traveling from work, whether she was actually on duty at the time or merely doing activities incidental to the travel.
The superior court agreed with Ms. Azorit-Wortham, and a jury found in her favor. However, on appeal, the Court of Appeals reversed the decision, holding that the traveling employee doctrine does not apply to occupational disease cases and that it only applies to industrial injury claims.
Ms. Azorit-Wortham sought review by the Washington State Supreme Court. Before the Supreme Court, David Lauman, from Small, Snell, Weiss & Comfort, presented the oral arguments for Ms. Azorit-Wortham, co-counseling with Benjamin Sligar of Davies Pearson. In the Supreme Court’s decision, all nine justices agreed that the “traveling employee doctrine” applies to occupational disease claims.
This is an important victory for injured workers, ensuring that they are covered by workers’ compensation during the entirety of their travel for work, whether they suffer an injury or occupational disease.
