Virginia – eNotes: Workers’ Compensation – March/April 2025

SIGNIFICANT CASE SUMMARIES

Virginia Case Summary

Hot-Rock Haulers, LLC v. Kegley
Court of Appeals of Virginia
No. 2022-23-2

Decided: March 4, 2025

Claimant’s injuries sustained during assault by third party arose out of and in the course of employment

Background

The Claimant, a commercial truck driver, was hauling a load for delivery when a vehicle pulled up into the left lane next to him with several men hanging out of it screaming and demanding that he pull over, claiming that he had allegedly hit their vehicle. Eventually, the vehicle cut in front of the Claimant’s truck and forced him to stop on the highway. When he got out of his vehicle to attempt to complete an incident report as is required by his employer, he was attacked and beaten by the three men with a pipe. There was also evidence of a 911 call placed by the assailants prior to the assault reporting that they were following a tractor trailer that had hit their vehicle. The Deputy Commissioner denied the claim on the basis that the attack was personal and not peculiar to his employment. The full WCC reversed the decision, finding that he sustained his injuries because of the operation of his employment vehicle. Employer appealed.

Holding

The Court of Appeals affirmed, relying on Smithfield Packing v. Carlton, 20 Va.App. 17 (1999). The Court reasoned Claimant successfully proved that the assault was directed against him as an employee or because of his employment because (1) the alleged auto collision arose from his operation of his employment vehicle; (2) he was assaulted when he was trying to complete the accident report as required by his employer; (3) the assault was caused by the anger directed at him about the alleged collision. Further there was no evidence in the record that the assailant and the Claimant knew each other, or that the Claimant was the aggressor.

Takeaway

To prevail on a third-party assault case the Employer would have needed to prove personal relationship or animus between the Claimant and the assailant that is separate from any work-related activity, or that Claimant was the aggressor.

Questions regarding this case can be addressed to Jamie DeSisto Morris, Esquire at (443) 641-0558 or jdesisto@tthlaw.com.