Virginia: Injury “On the Clock” is Alone Insufficient to Establish Compensable Claim

Two core concepts of the Virginia Workers’ Compensation Act: the “arising out of” requirement and the “in the course of employment” requirement are not synonymous. Both conditions must be proved in order to justify the award of benefits, held a state appellate court. Accordingly, the court affirmed the denial of a claim filed by a limousine driver regarding injuries he allegedly received in a single car collision because he could not explain and, therefore, had failed to prove that the accident and his resulting injuries arose out of the employment.

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 Sorour v. Avalon Transp., LLC, 2019 Va. App. LEXIS 275 (Nov. 26, 2019)

See generally Larson’s Workers’ Compensation Law, § 7.04.

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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