Assessing Compensability Of A Step Case Can Be Tricky

The Virginia adjuster should be mindful that fall from step cases are extremely fact-specific and can be tricky. The recent Full Commission decision of McKoy v. Fairfax County Government, JCN: VA00002159978 (February 3, 2025) illustrates this point.

In McKoy the Full Commission affirmed the finding of the Deputy Commissioner that that claimant did not establish a compensable injury "arising out of" the employment. Claimant, a trash collector, was required to stand on a metal step on the back of his garbage truck, that was 17 inches off the ground. On the day of his accident, the claimant was standing on this step as the truck went from house to house. He testified: "I basically jumped off the truck, and as soon as I jumped off the truck, I heard a pop in my leg." Claimant described the step as "a little bit higher" than a normal step. He did not notice any problems with the asphalt where he stepped down. He felt pain immediately, like a pull. He sought medical care