Yes Virginia, There Is An Insanity Clause

We know that workers’ comp is at times controversial, and that case related decisions and determinations rarely make everyone happy. Still, through the din of disagreement there is usually a thread of logic that can help define issues and justify outcomes.

A previously recognized standard or doctrine is often in place that supports the decision made, and, even though we may wish for a different result, the pronouncements once questioned can be supported with logic and precedence.

And then we have the state of Virginia. To many of us, the rules of logic do not seem to be applied there. In fact, to those of us outside looking in, some things there seem downright crazy.

Liz Carey reported on this site last week about a Virginia highway rest area maintenance man who was blinded in an attack by a former co-worker. He was denied workers’ compensation benefits after the attack, with the Virginia Court of Appeals affirming denials by the Virginia Workers’ Compensation Commission.

The court found that “the nature of the worker’s job and the job’s environment did not increase the probability of assault.”