eNotes: Workers’ Compensation – June 2023 – Virginia

SIGNIFICANT CASE SUMMARIES

Virginia Case Summary

Rankin v. Go Mart Inc.
Virginia Workers’ Compensation Commission
VA02000037598

Decided May 26, 2023

When a convenience store clerk clocked out, played the lottery, and used the restroom, she was still in the course of employment when she subsequently fell.

Background

Claimant worked as a clerk at a gas station’s convenience store. The gas station was attached to a Subway restaurant. On the date of her accident, Claimant worked an eight-hour shift and clocked out at 10:00 p.m. Prior to leaving the building, she played the lottery. Then, she visited the restroom located in the adjacent Subway. Because Subway had closed, the lights were dimmed in that area. While walking, she caught her toe on a black rug and fell.

The Deputy Commissioner denied the Claimant’s claim, finding that the fall did not occur in the course of her employment. Specifically, the Claimant “remained on the premises to perform a purely personal act” when she played the lottery after clocking out. Claimant appealed to the Full Commission.

Holding

The Full Commission reversed, finding that her accident did in fact occur in the course of her employment. The Commission relied on its precedent that employees have a “reasonable time” to exit the employer’s premises, which includes making use of fringe benefits like shopping, showering, and visiting restrooms. In this particular case, the Commission did not accept that playing the lottery was a sufficient personal frolic that it took Claimant out of the course of employment.

Takeaway

The Commission appears willing to expand the course and scope of employment, even for something as clearly personal as playing the lottery. Anytime the employee is injured after work before leaving the employer’s premises, be aware that there is still possible liability.

Questions about this case can be directed to Mike Bliley, Esquire at (571) 464-0435 or mbliley@tthlaw.com.