January 18, 2025 | JacobiJournal.com — Compensation claim denied: A Virginia school employee’s workers’ compensation claim was rejected after sustaining knee injuries from repeated kicks. The Virginia Workers’ Compensation Commission (WCC) upheld the decision, ruling that the injuries did not meet the state’s criteria for compensable workplace injuries.
Allegations and Medical Diagnosis
The claimant, a behavior assistant at Loudoun County Public Schools, filed his compensation claim on July 18, 2022. He stated that, between September 30 and October 10, 2021, a student kicked him in both knees 25 times over 11 days. After seeking medical treatment on February 27, 2023, a physician diagnosed him with “prepatellar bursitis in both knees,” attributing the condition to the repeated kicks.
School System’s Objection
The school system disputed the compensation claim, arguing that the injury did not stem from a single, identifiable incident. Under Virginia law, workers are eligible for compensation only for injuries caused by sudden events, not cumulative trauma. In September 2023, a deputy commissioner denied the compensation claim, ruling that it lacked the required 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 WCC’s decision to the Court of Appeals of Virginia. This appellate process allows the employee to challenge the ruling that denied compensation for injuries caused by cumulative trauma. During the appeal, the court will review the evidence, medical reports, and legal interpretations applied by the WCC to determine whether the initial decision properly followed Virginia workers’ compensation law.
Filing an appeal provides an opportunity to argue that the repeated kicks should be considered a compensable workplace injury, potentially setting a precedent for how cumulative trauma cases are assessed in the future. Claimants typically must meet strict deadlines and procedural requirements when submitting their appeal to ensure the case is heard by the appellate court.
For further details, see the Virginia Workers’ Compensation Commission official site.
FAQs: Virginia School Employee Workers’ Compensation Claim
Why was the Virginia school employee’s workers’ compensation claim denied?
The WCC ruled that the knee injuries were caused by cumulative trauma over 11 days, not a sudden, identifiable event as required under state law.
What injury did the school employee sustain?
The employee suffered prepatellar bursitis in both knees after being kicked repeatedly by a student.
Can the school employee appeal the decision?
Yes, the claimant has the right to appeal the ruling to the Court of Appeals of Virginia.
What legal precedent influenced this workers’ compensation decision?
The ruling cited past Virginia cases, including a 2007 case, establishing that injuries from repetitive actions or cumulative trauma are generally non-compensable.
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