Written by Bob McAdam, Esq.
Edited by Jessica Gorman, Esq.
For a claimant to prove a compensable injury by accident the claimant must prove that he has sustained an injury by accident arising out of and in the course of his employment.
A case decided by the Full Commission in March 2023 illustrates why it is important to know as many facts as possible before making a decision regarding a claim.
In O’Brien v. Northern Va. Community College, JCN: VA00001876256 (03/03/2023) illustrates the point.
The accident occurred while the claimant was walking from her third-floor office to attend a meeting on the first floor of the employer’s medical education building. Finding her way to the meeting blocked by a locked door, the claimant attempted an alternative route by backtracking through the second floor. While walking down a second-floor hallway, the claimant encountered a co-worker. As she turned to address the co-worker, the claimant fell.
There were three separate arguments made to support the claimant’s claim, all of which failed before the Deputy Commissioner and, in a 2-1 decision of the Full Commission.
- The Claimant’s shoe stuck to the floor.
- The Claimant was distracted when she turned to address a co-worker.
- The Claimant was holding a computer and papers in her left arm contributed to the awkwardness of the fall.
You would think, that based on those three bullet points, the claimant would prevail. However, she did not.
This case does not suggest anything other than the “arising out of “ prong is extremely fact specific.
When taking the statement of a claimant it is very important to get as specific as possible with the claimant. However, the most effective way to get the needed information is to encourage the claimant to give you the version of the accident in her own words, without interruption. After the claimant has given her version of the events, you can backfill with specific questions.
Practice Pointer:
When handling a claim, we are not judges. We are investigators, determining if the claim is compensable. When confronted with a difficult fact pattern we urge you to call one of the attorneys on our workers’ compensation team. We would be happy to discuss your claims with you. Spending five minutes with us might save you a great deal of time and money down the road.