Indicating that it was utilizing the “actual risk” test, yet describing what is essentially the “increased risk” test, a Virginia appellate court recently held that injuries sustained by a police officer as he tripped over a cement parking block near a retaining wall, suffering a contusion to his right knee and a ligament tear which ultimately required corrective surgery, did not arise out and in the course of the employment. The court indicated that the risk of tripping over a curb in the parking lot was not caused by the officer’s employment; anyone walking inattentively in the parking lot faced an equal risk. Nor did the fact that the block was located at or near the workplace, in the absence of other factors, create a causal relationship between the officer’s fall and the conditions of his employment.
Reported by Thomas A. Robinson, J.D.
LexisNexis Online Subscribers: Citations below link to Lexis Advance. Bracketed citations link to lexis.com.
See Snyder v. City of Richmond Police Dep’t, 2013 Va. App. LEXIS 284 (Oct. 15, 2013) [2013 Va. App. LEXIS 284 (Oct. 15, 2013)]
See generally Larson’s Workers’ Compensation Law, § 3.03 [3.03]
Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law.
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