A Virginia appellate court, yet again reiterating the state’s version of the “actual risk rule” [see Larson’s Workers’ Compensation Law, § 3.04] affirmed a decision by the state’s Workers’ Compensation...
Virginia Worker’s Fall on Workplace Steps is Not Compensable Virginia Worker’s Fall on Workplace Steps is Not CompensableApplying Virginia’s “actual risk” doctrine, which generally holds that simple acts of walking, bending, turning, or even climbing stairs–without proof of any other contributing environmental factors–are not risks of employment,...
Virginia Court Sticks to its “Actual Risk” Doctrine Virginia Court Sticks to its “Actual Risk” DoctrineApplying Virginia’s so-called “actual risk test,” a state appellate court affirmed a decision by the Virginia Workers’ Compensation Commission that had denied benefits to a school security officer who fell...
Virginia School Guard’s Injuries Allegedly Caused by Wind Were Not Compensable Virginia School Guard’s Injuries Allegedly Caused by Wind Were Not CompensableA Virginia appellate court recently affirmed a determination by the state’s Commission which, in a divided decision, had awarded workers’ compensation benefits to an administrative assistant who contended she was...
Virginia Court Affirms Award for Brown Recluse Spider Bite Virginia Court Affirms Award for Brown Recluse Spider BiteStressing that Virginia courts were required to “liberally construe” the state’s Workers’ Compensation Act, but not the evidence in the record before it, the Court of Appeals of Virginia affirmed...
Virginia Courts “Liberally Construe” the State’s Act—Not the Evidence Itself Virginia Courts “Liberally Construe” the State’s Act—Not the Evidence ItselfIn an unusual case that illustrates Virginia’s restrictive “arising out of the employment” test, a state appellate court yesterday affirmed the denial of workers’ compensation benefits to a former police...
Virginia Police Officer’s Slip and Fall While Trying to Get Out of Pouring Rain is Not Compensable Virginia Police Officer’s Slip and Fall While Trying to Get Out of Pouring Rain is Not CompensableLip Service Given to “Liberally Construing” the “Arising Out of” Tests In a split decision, the Court of Appeals of Virginia, tipping its hat to the notion that the workers’ compensation statutes...
Split Virginia Court Affirms Denial of Airport Worker’s Electrocution Claim Split Virginia Court Affirms Denial of Airport Worker’s Electrocution ClaimAppeals Court Says She Was Not Subject to Special Risk of Injury A Virginia appellate court reversed an award of workers’ compensation benefits to a licensed professional counselor who was...
Virginia Counselor’s Injuries While Attending Mandatory Off-Site Training Were Not Compensable Virginia Counselor’s Injuries While Attending Mandatory Off-Site Training Were Not CompensableThe phrase is used quite often, even by attorneys: “He [or she] was hurt ‘on-the-job.’” The typical implication is that a worker who sustains an “on-the-job” injury deserves workers’ compensation...
Virginia Case Shows “On-the-Job” Injuries May Not be Compensable Virginia Case Shows “On-the-Job” Injuries May Not be CompensableIn a decision showing just how strongly the state’s workers’ compensation system separates the “arising out of” the employment component of the compensation formula from the “course of employment” component,...
Idaho Shoe Lace Causes Compensable Herniated Disc Idaho Shoe Lace Causes Compensable Herniated Disc