Norris v. ETEC Mech. Corp. (P)

The Virginia Workers’ Compensation Commission properly denied benefits to the appellant, who was injured in a traffic accident that occurred after he fell asleep behind the wheel of a company vehicle he  was driving home at the end of his work day.

The appellant failed to establish the causal connection between the conditions of his work and falling asleep behind the wheel. He testified that he dozed off because he was tired, but never related his drowsiness to his employment. He also characterized the work week leading up to the accident as “a normal week” that “wasn’t that bad, actually.” This evidence fell short of his statutory burden to provide the “critical link” between his employment and his resulting injuries. Thus, neither the Commission nor the court can indulge in an inference that his injuries arose out of his employment.

Affirmed.

Norris v. ETEC Mech. Corp., No. 1054-18-2, Dec. 26, 2018. CAV (Humphreys) from Va. WCC.



Categories: Court of Appeals of Virginia, Opinions, Published

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