City of Va. Beach v. Hamel (U)

The Virginia Workers’ Compensation Commission erred in finding that the claimant’s injuries, incurred when she fell while walking to a work training, arose from her employment with the City of Virginia Beach.

While the City deemed the off-site training she attended mandatory, the City did not instruct her where to park or which route to take to the building in which the training was being held. There were no parking permits issued or parking spaces assigned to City employees and others attending the training on campus. Her risk of tripping over the tree roots was equal to that of any member of the general public walking on the unpaved area adjacent to the sidewalk. Thus, her injuries were not compensable.

Reversed.

City of Va. Beach v. Hamel (U), No. 1531-18-1, Feb. 26, 2019. CAV (Chafin), from Va. WCC.



Categories: Court of Appeals of Virginia, Opinions, Unpublished

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