eNotes: Workers’ Compensation – May 2024 – Virginia

SIGNIFICANT CASE SUMMARIES

Virginia Case Summary

Davis v. Wal-Mart Assocs.
80 Va. App. 526, No. 0503-23-3
Court of Appeals of Virginia

Decided April 2, 2024

Claimant did not sustain an injury by accident when he could not prove a structural or mechanical change in his body where the treating doctor reviewed pre and post-accident MRI and found no substantial change.

Background

In July 2021, the Claimant began working for Wal-Mart stocking shelves. He had a long history of back problems, for which he actively treated through 2019 and had previously undergone three surgeries. On May 5, 2022, he was working stocking shelves, and while kneeling to place a 12 pack of ginger ale on a bottom shelf, felt a sharp pain in his low back. He was transported by ambulance to the hospital where X-rays showed no acute findings. He returned to the surgeon who treated him for his prior surgeries, and a new MRI was ordered. In response to a questionnaire, the surgeon reviewed the MRI and confirmed that no actual mechanical or structural change to the Claimant’s body occurred on May 5, 2022. The VWC held that the Claimant failed to meet his burden of proof to establish injury by accident through his testimony or medical records. The Court ruled that whether a claimant suffered a sudden or mechanical structural change is an issue of fact, and that the VWC’s finding of fact must be affirmed if the record contains credible evidence to support it.

Holding

Credible evidence in the record supports the VWC finding that the Claimant failed to prove that he sustained a structural or mechanical change to his body on May 5, 2022. Thus, the VWC’s finding that the Claimant failed to prove that he sustained an injury by accident was not in error.

Takeaway

The determination of whether a claimant sustained a mechanical or structural change to establish an injury by accident is an issue of fact, and the claimant has the burden of proof. Employer’s use of a medical questionnaire to the treating surgeon was pivotal to defeat the claim.

Questions about this case can be directed to Jamie DeSisto at (443) 641-0558 or jdesisto@tthlaw.com.