Conner v. City of Danville (P)

The Virginia Workers’ Compensation Commission did not err in denying the claimant benefits, because she failed to prove that her injuries arose out of her employment as a police corporal. When she apparently slipped and almost fell on the wet grass, she was not chasing a suspect.

There was no evidence that the claimant needed to pursue the suspect or otherwise keep him under her control. Further, the Commission did not err in concluding that the claimant’s employment did not collaborate in causing her injuries. She wasn’t required to interview the subject outside on the porch while subject to the elements. The fact that her job happened to bring her to the location where she was injured is insufficient to show that her injury actually arose out of her employment.

Moreover, even though the claimant’s injury occurred during a weather-related event, the Commission properly found that her injury was caused by an Act of God and did not arise from her employment. The claimant had no greater risk than anyone else who happened to be outside that day.

The plain language of Code § 65.2-301.1 clearly still requires the public safety officer to prove that her injuries “arose out of” the employment, and here the claimant failed to do so.

Affirmed.

Conner v. City of Danville (P), No. 1486-18-4, Apr. 23, 2019. CAV (Beales) from Va. WCC.



Categories: Court of Appeals of Virginia, Opinions, Published

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