Denied Workers Compensation Claim” A Virginia school employee’s workers’ compensation claim was denied after suffering knee injuries from repeated kicks. The Virginia Workers’ Compensation Commission (WCC) upheld this decision, ruling that the injuries didn’t meet the criteria for compensation under state laws.
Allegations and Medical Diagnosis
The claimant, a behavior assistant at Loudoun County Public Schools, filed his claim on July 18, 2022. He explained that, on September 30, 2021, a student kicked him in both knees 25 times over 11 days. After seeking medical treatment on February 27, 2023, the doctor diagnosed him with “prepatellar bursitis in both knees” caused by the repeated kicks.
School System’s Objection
The school system disputed the claim, arguing that the injury did not result from an identifiable incident. Virginia law compensates only injuries caused by sudden events, not cumulative trauma. In September 2023, a deputy commissioner denied the claim because it lacked an identifiable incident.
Cumulative Trauma and Its Legal Implications
Although the claimant admitted that his injury occurred over time, his reports showed that repeated kicks caused the trauma. The injury report, filed in April 2022, detailed the 25 kicks he received during a week in September. In a July 2022 interview, the claimant confirmed that the injury occurred over 11 consecutive days, not from a single event. Additionally, the physician’s March 2024 report linked the knee injuries to the repeated kicks.
Virginia Case Law on Workers Compensation
The WCC agreed with the deputy commissioner’s ruling, concluding that the claimant’s injuries were caused by cumulative trauma. The ruling cited a 2007 case, which found that injuries must result from a sudden, identifiable event and cause an obvious structural change in the body. The commission also referenced 1985 and 1996 cases where injuries from repetitive motion or cumulative trauma were deemed non-compensable.
Right to Appeal
The claimant has the right to appeal the decision to the Court of Appeals of Virginia.
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