By: Workers' Compensation Practice Group
Introduction:
In a recent opinion, Hot-Rock Haulers, LLC v. Kegley, No. 2022-23-2 (Va. Ct. App. Mar. 4, 2025), the Court of Appeals affirmed the decision of the full Commission that the claimant sustained injuries because of his employment and was entitled to benefits.
Facts:
The claimant, a commercial truck driver, was delivering a load when a vehicle abruptly cut in front of his truck, forcing him to stop on the highway. The occupants of the vehicle believed the claimant had hit their car. Following company protocol, the claimant exited his truck to complete an incident report. During this time, the men attacked and beat the claimant, leaving him injured on the side of the road.
Court's Opinion:
The Deputy Commissioner initially found that the attack on the claimant was personal in nature and not compensable as a workplace injury. The full Commission reversed and remanded, finding that the attack was not personal but was targeted at the claimant because of his employment. After remand and another appeal to the full Commission, the employer appealed to the Court of Appeals. The Court of Appeals affirmed the full Commission’s decision, noting that the claimant was driving within the scope of his employment, completing an incident report as required by company policy, and that the assailants believed the claimant, in his capacity as an employee, was responsible for hitting their vehicle. The Court emphasized that the assailants’ anger was directed at the employer’s truck hitting their vehicle, not at the claimant personally.
