Worker’s Chocolate Rescue Ends in Denied Compensation Claim

Ronald Mark, a Virginia delivery driver, injured his knee while salvaging chocolate candies from his employer-owned truck parked in his driveway. Concerned the chocolates might melt over the weekend, he transferred them to his home refrigerator, a practice he claimed was "common sense." The Virginia Workers’ Compensation Commission (WCC) denied his workers’ compensation claim, ruling that his actions were not within the scope of his employment.

The WCC highlighted that the incident occurred hours after his workday ended and noted that his employer neither authorized nor was aware of his practice of storing items in his home. The case was further complicated by his admission of drinking alcohol before the incident. A dissenting commissioner argued that retrieving goods to protect them could reasonably fall within the scope of employment. Mark retains the right to appeal the decision.

This case underscores the complexities surrounding workers’ compensation claims, emphasizing the importance of clear employer policies and the interpretation of "course of employment" in determining benefit eligibility.