Va. Court: Waiter’s Choking on Quesadilla Didn’t Arise Out of Employment

A Virginia appeals court recently ruled that a waiter who was injured at work while attempting to swallow “a piece of quesadilla that was too big for his esophagus” can not collect worker’s comp benefits. Court of Appeals of Virginia in Richmond ruled on July 17 that the injury — esophageal perforation and collapsed lung — occurred in the course of the waiter’s employment but not as a result of an actual risk of employment, affirming an earlier finding by the Virginia Workers’ Compensation Commission.