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Virginia: Commission Failed to Consider Risk of Assault Faced by Rest Area Attendant Attacked by Former Co-Worker

February 08, 2019 (1 min read)

That an overnight attendant at a rest area knew his assailant—a former co-employee—and could not show that the assailant’s motives were related to the employment—the assailant committed suicide shortly after the attack—did not mean the attendant could not prevail in his workers’ compensation claim, held the Court of Appeals of Virginia. He could establish his claim by showing that the employment placed him at a greater risk of assault than the risk faced by the general public. The Court remanded the case to the Commission for such a determination.

Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter, is co-author of Larson’s Workers’ Compensation Law (LexisNexis).

LexisNexis Online Subscribers: Citations below link to Lexis Advance.

See King v. DTH Contract Servs., 2019 Va. App. LEXIS 26 (Feb. 5, 2019)

See generally Larson’s Workers’ Compensation Law, § 8.03.

Source: Larson’s Workers’ Compensation Law, the nation’s leading authority on workers’ compensation law

For a more detailed discussion of the case, see



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