Watch Out For "Simple Acts"

In January of this year, the Commission issued an opinion that illustrates the importance of ensuring an injured worker's injury occurs while engaged in an activity that is indeed a risk common to the neighborhood.

In this case, a school bus driver was driving his bus route, which included a stop at a recreational center. When he arrived at the recreational center, the driver parked and exited his bus and began walking towards the building to use the bathroom. As he was walking, he felt a severe pain in his left knee and foot and was thereafter unable to walk. The driver filed a claim for benefits seeking medical benefits and total temporary disability benefits.

The Commission held that this injury was not compensable under the Virginia Workers' Compensation Act. In doing so, the Commission further solidified precedent that holds that simple acts, such as bending, reaching, or turning without any work-related exertion or awkward contributing factors, are