A guardian's injuries from a fall on a staircase at work are not compensable because she did not show that they were a unique danger, an appellate court in Virginia held on Tuesday.
In Amaya-Hernandez v. NSR Solutions Inc. the Virginia Court of Appeals upheld the State Workers' Compensation Commission's decision to deny her claims for benefits.
Mercedes Amaya-Hernandez worked as a guardian in Fort Belvoir, Virginia. In December 2019, she sank down a flight of stairs to remove the trash. The stairs were concrete with a pink plastic coating, and she said that the plastic surface in the last step made her slip and fall and led her to a right shoulder replacement and physiotherapy. She filed a claim for medical and temporary disability benefits.
A work compensation commissioner rejected the claim after discovering that she had failed to prove that the accident occurred due to her employment. The majority of the whole Commission confirmed the decision, claiming that Amaya-Hernandez did not explain how vinyl protection increased her risk of falling. risk ”which puts her at risk of injury, and that therefore her case arose as a result of her employment. a worker to a certain danger. As Amaya-Hernandez did not present evidence that the vinyl made the stairs more slippery or dangerous than other stairs, the court ruled that she did not suffer a replacement injury when she fell on the job.