Court Upholds Death Benefits Claim for Widow of Truck Driver Who Died of COVID-19

Appellate Division rejects trucking company's appeal, finding driver's death was work-related

Published on Feb. 13, 2026

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The New York State Appellate Division has upheld a death benefits claim for the widow of a truck driver who died from COVID-19 in the early days of the pandemic. The trucking company, ABF Freight, had appealed the Workers' Compensation Board's decision that the driver's death was work-related, but the court unanimously rejected the appeal.

Why it matters

This case highlights the challenges workers and their families faced during the COVID-19 pandemic, particularly essential workers like truck drivers who continued working despite the health risks. The court's decision affirms that work-related COVID-19 deaths can qualify for death benefits, setting an important precedent.

The details

Rosemarie Hogan's husband, whose name was not disclosed, worked at ABF Freight's Brooklyn terminal. He was hospitalized on March 27, 2020 with COVID-19 symptoms and died on April 3 from respiratory failure and a heart attack related to the virus. Coworkers testified that no one at the terminal wore masks or protective equipment, and the facility was shut down for over a week after at least 12 people caught COVID-19. The Workers' Compensation Board found the driver's death was work-related, and the Appellate Division has now upheld that decision.

  • Hogan's husband was hospitalized on March 27, 2020 with COVID-19 symptoms.
  • He was released the next day but readmitted on April 2 and died the following day.
  • The Brooklyn terminal was shut down from April 2 to April 10, 2020 after at least a dozen people caught COVID-19.

The players

Rosemarie Hogan

The widow of the truck driver who died from COVID-19.

ABF Freight

The trucking company that employed the driver and appealed the death benefits claim.

New York State Appellate Division

The state appeals court that unanimously rejected ABF Freight's appeal and upheld the death benefits claim.

Workers' Compensation Board

The state agency that initially awarded death benefits to Rosemarie Hogan, finding the driver's death was work-related.

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What they’re saying

“We must not let individuals continue to damage private property in San Francisco.”

— Robert Jenkins, San Francisco resident (San Francisco Chronicle)

“Fifty years is such an accomplishment in San Francisco, especially with the way the city has changed over the years.”

— Gordon Edgar, grocery employee (Instagram)

What’s next

The judge in the case will decide on Tuesday whether or not to allow Walker Reed Quinn out on bail.

The takeaway

This case highlights growing concerns in the community about repeat offenders released on bail, raising questions about bail reform, public safety on SF streets, and if any special laws to govern autonomous vehicles in residential and commercial areas.