Workers' Compensation Case Watch
The Virginia Workers' Compensation Commission recently addressed the “in the course of” requirement in Redleaf v. W&L Mail Service, Inc., JCN. VA00001513936 (June 11, 2019).
The claimant, a bulk mail delivery driver, arrived at the loading dock of a post office. When the claimant got out of his truck, he noticed a large wasp nest above the stairs and wasps flying around. He asked a post office employee to take care of the nest because he did not want to get stung. The post office employee sprayed the nest and spray ran down the walls to the ground. The claimant got a broom to knock the nest down. The post office employee was too short to reach the nest, so he asked the claimant to use the broom to knock it down for him. The claimant jumped up to knock the nest down, slipped on a substance that he believed was wasp spray, and hurt his ankle.
The claimant testified that removing the nest would ensure that there would not