A recent appellate court decision has sent back for further review a case involving the family of a deceased police sergeant who died from complications related to COVID-19, after their claim for death benefits was denied by the North Carolina Industrial Commission. The complaint was filed by Cheryl McDonald, widow, and Logan McDonald, minor child through guardian ad litem Heather Lowe, against the City of Winston-Salem, which was self-insured as the employer. The appeal was heard in the North Carolina Court of Appeals on November 18, 2025.
According to court documents filed on March 4, 2026 (No. COA25-582), Cheryl McDonald and Logan McDonald challenged an opinion and award entered by the Full Commission on January 31, 2025. The plaintiffs argued that the Commission failed to address their injury-by-accident claim and several evidentiary issues listed in their application for review.
The background section details that Michael McDonald worked as a sergeant with the City of Winston-Salem Police Department from 1996 until his death on October 22, 2021. He supervised the department’s DWI Task Force and performed duties such as traffic stops, sobriety tests, arrests, booking suspects into jail, and responding to emergency calls. In September 2021 alone, he worked at least seventeen ten-hour shifts with extensive public interaction during traffic stops and other enforcement activities.
From October 1 through October 5, 2021, Michael McDonald was assigned to operate a mobile command vehicle at the Carolina Classic Fair—a large public event organized by the city after pandemic restrictions were lifted. The document reports that up to ten officers were present in this vehicle at times without masks while eating or talking. During this period, several colleagues who interacted closely with him tested positive for COVID-19; one began experiencing symptoms on October 3 and tested positive on October 4.
Michael McDonald himself reported symptoms beginning with a headache on October 5 and tested positive for COVID-19 on October 6. He communicated concerns about workplace safety at the fair in messages to colleagues and noted close contact with another officer who had tested positive. By mid-October, fifteen officers had tested positive for COVID-19 within a short time frame; seven had worked at the fair according to testimony cited in court documents.
Outside work, Michael McDonald lived with his wife and parents full-time; his son lived part-time with him during the week. Family members consistently wore masks in public settings except for one funeral attended under precautions where no known cases resulted among attendees. Both immediate family members and others in close contact tested negative during this period.
After testing positive for COVID-19 on October 6, Michael McDonald’s condition worsened rapidly: he was hospitalized on October 18, placed on a ventilator three days later, and died from cardiac arrest due to COVID pneumonia on October 22.
On February 4, 2022, Cheryl McDonald and Logan McDonald filed their claim with the North Carolina Industrial Commission alleging compensability under workers’ compensation law as either an occupational disease or injury by accident. The City of Winston-Salem denied liability two weeks later. Throughout proceedings before the commission—including multiple motions to compel discovery regarding identities of other officers infected—the plaintiffs sought additional information they believed relevant but encountered limitations due to privacy concerns or privilege claims by the defendant.
Expert testimony presented conflicting views: Drs. Blair Brown (treating physician) and Julie Swann (public health expert) supported that Michael McDonald’s employment put him at greater risk than the general public; defense experts Drs. Steven Koehler (forensic epidemiologist) and Allan Morrison (infectious disease physician) testified that community spread made it impossible to determine if infection occurred at work rather than elsewhere.
The deputy commissioner initially denied death benefits in an opinion dated January 23, 2024; plaintiffs appealed this outcome listing numerous alleged errors including failure to recognize both occupational disease and injury-by-accident claims as well as evidentiary mistakes related to discovery requests about other officers’ infections.
In its review process culminating January 31, 2025, however, the Full Commission did not address all issues raised—specifically omitting findings or conclusions regarding injury-by-accident claims or whether certain evidence should have been admitted or compelled during discovery stages.
The appellate court found these omissions significant: “Where the Full Commission fails to address all issues specifically raised…and fails to make sufficient findings…the matter must be vacated and remanded for further review.” As summarized in its conclusion: “Without findings and conclusions on the injury-by-accident claim or evidentiary issues…this Court cannot conduct meaningful appellate review.” Accordingly, it ordered that “we vacate and remand…for further review [and] entry of an appropriate order[.]”
Attorneys representing Cheryl McDonald included Benjamin P. Winikoff from Daggett Shuler; Barbara E. Ruark and Tyler Younts from Orbock Ruark & Dillard represented the City of Winston-Salem. Judges Arrowood and Hampson concurred with Judge Collins’ opinion issued under case number COA25-582.
Source: COA25582_Mcdonald_v_City_of_Wiston_Salem_Opinion_North_Carolina_Court_of_Appeals.pdf
