An employee at the Virginia Department of Health who was seriously injured when a vehicle crashed through the wall of her first floor office is not entitled to workers’ compensation benefits.
The Virginia Workers’ Compensation Commission (WCC), in a 2-1 decision, affirmed the denial of benefits by a deputy commissioner because the employee did not suffer a compensable accident arising out of her employment.
The claimant testified she was sitting at her desk at the time of the accident. Her desk faces the glass window overlooking the parking area but because her desk was positioned to the right and off the center of the window, she was unable to see the approaching vehicle and had no warning that the collision was about