Court: A Turn and Talk Injury Is Not Compensable

• A Virginia appellate court rules that simply the act of turning to talk does not constitute a work injury.
• A college dean was walking down a hallway at her place of employment when a colleague distracted her.
• In the process of turning to talk to her, she said her foot came out of her shoe, and she fell, hitting a wall and striking the floor.
• A workers’ comp deputy commission denied her claim, saying that there was nothing in the immediate work environment that caused her injury. Therefore, it did not arise out of employment.
• The appellate court agreed. When turning to talk to her co-worker, her shoe dislodged because of its construction, or she entangled her feet.
• The court opined that walking and turning to talk to a colleague, constitutes a risk that could befall anyone walking down a hallway.
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VT Governor Signs Captive Bill

• Vermont Governor Scott Phil Scott has signed legislation related to captives.
• H 659 addresses regulations related to insurance, banking, and securities.
• The new law modernizes laws with the goal of attracting more captives to the state.
• One key provision of the legislation lowers minimum statutory requirements, to better align with the market place.
• Other changes relate to the confidentiality of certain documents.
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Workers’ Comp, Entering Virtual Reality

• A medical company, specializing in virtual reality, has launched a workers’ compensation product for patients.
• The VR product will assist injured workers by helping to manage chronic back pain. Back injuries are common in workers’ comp claims.
• As with any new treatment for injured workers, it remains to be seen whether employers or insurers will want to pay for this technology.
• In 2021, RelieVRx became the first VR therapeutic authorized by the Food and Drug Administration.
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Court Denies Death Petition

• A Pennsylvania Appellate Court rules that a claimant did not prove her case for death benefits.
• The claimant, Tetyana Dnistranska, filed a fatal claim petition after her ex-husband died of a heart attack on the job.
• According to the employer’s medical expert, her husband already had a serious cardiovascular condition.
• Despite Dnistranska’s medical expert’s testimony, there was no proof that long hours driving a tractor trailer caused his heart attack. The workers’ compensation judge agreed.
• Dnistranska argued that the medical evidence presented by the employer’s expert was incompetent and should be rejected.
• The appellate court affirmed the WCJ’s ruling. The court opined that the burden of proof lies with the claimant, and that the WCJ is the final arbiter. The competency of the employer’s expert is irrelevant.
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