January 14, 2014
After parking his personal vehicle in his employer’s parking lot, an employee trips over a cement parking block. He tears a ligament and is out of work for a while. Can he get workers’ comp?
Christopher Snyder was a police officer for the City of Richmond, VA, police department.
On July 4, 2011, he arrived at work and parked his car in the employee lot. He was required to park there for security reasons because the police precinct is in a high-crime area.
Snyder was carrying his duty belt over his shoulder which contained his loaded gun among other things. While walking, he saw a colleague. Snyder talked with the other officer about being unhappy that he had to work a special shift on July 4th.
While walking and talking with the other officer, Snyder’s right foot clipped a cement parking block that was secured to the ground about a foot and a half from a brick retaining wall. Snyder fell forward, striking the edge of the brick wall with his right knee. He suffered a ligament tear which required surgery.
Snyder sought temporary total disability benefits from July 5 to Oct. 2, 2011, and continuing temporary partial disability benefits after that.
A hearing commissioner of the Virginia Workers’ Compensation Commission denied Snyder’s claim on the grounds that his injury didn’t arise out of risk of employment. The full commission affirmed the decision. Snyder took his case to a state appeals’ court.
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