Virginia – Employee Denied Workers’ Compensation: An employee who claimed to have injured his knee during a TopGolf event sponsored by S&P Global failed to qualify for workers’ compensation benefits after the Virginia Workers’ Compensation Commission (VWCC) upheld the denial.
Lack of Proof and Delayed Reporting
The employee alleged that he hurt his knee on June 10, 2024, while attending a TopGolf event. He claimed that his right knee buckled on the first swing, causing a “popping sound” and pain. Despite the injury, he continued participating in the event, attended lunch, and played for another hour afterward.
He testified that he informed his supervisor about the injury on the day of the event and mentioned it again during a team meeting and a one-on-one meeting weeks later. However, his supervisor, whom the deputy commissioner found credible, denied these claims. She testified that the injury was never reported until weeks later, after the employee’s termination.
Supervisor’s Testimony Contradicts Employee’s Claims
The supervisor stated that if the claimant had reported a work injury at the event or soon afterward, HR would have investigated and arranged for medical treatment. Instead, the employee waited over six weeks to seek medical care and reported the injury only on July 16, 2024, the same day his employment ended. Employee Denied Workers’ Compensation
The claimant, who worked as a customer service specialist for S&P Global, argued that his delay in reporting should not affect the validity of his claim. However, the VWCC deputy commissioner ruled that the delay in reporting, failure to seek timely medical treatment, and lack of an incident report weakened his case.
VWCC Affirms Deputy Commissioner’s Decision
The claimant appealed to the full VWCC panel but maintained that the deputy commissioner placed too much emphasis on his supervisor’s contradictory testimony. He argued that her testimony was only relevant to notice and not whether an injury by accident occurred.
The VWCC disagreed and upheld the original decision, emphasizing:
- Failure to Report – The injury was not reported until after the employee’s termination.
- Delayed Medical Treatment – Medical care was not sought until July 23, 2024, weeks after the incident.
- Lack of an Incident Report – No official report was filed with HR immediately following the alleged injury.
“The Deputy Commissioner considered all of the evidence, including the claimant’s failure to report the incident, delay in seeking medical treatment, and failure to file an incident report until after termination. These factors were determinative in the decision,” the VWCC stated.
Key Takeaway for Employers and Employees
This case highlights the importance of timely reporting of workplace injuries and maintaining accurate documentation. Employees must report incidents immediately and seek prompt medical treatment to preserve their eligibility for workers’ compensation benefits.
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(Source: Virginia Workers’ Compensation Commission)