Va. Court: Crosswalk Not "Extended Premises"

The Virginia Court of Appeals has ruled that a public street crosswalk between a parking garage and hospital entrance did not constitute an employer’s “extended premises” under workers’ compensation law.
Earlier this week, the Virginia Court of Appeals affirmed the Workers’ Compensation Commission’s denial of benefits to an employee of Quest Diagnostics after she was injured on her way to work.
She filed for workers’ compensation, seeking a lifetime medical award and temporary total disability.
The claim was denied at both the deputy commissioner and full commission levels. The commission found that her injury did not arise out of and in the course of her employment, emphasizing that neither the “coming and going” rule exceptions nor the “extended premises” doctrine applied.
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Sedgwick’s latest blog covers innovations in prosthetics for patients who are a workers’ compensation claimant, which the claims administrator said causes “some prosthetists [to] see dollar signs.
While they may get excited about the opportunity to fit an injured worker with the latest cutting-edge device, knowing the cost will be covered by the employer, “the prosthesis with the highest price tag and the most bells and whistles is not necessarily what’s best for the amputee.”
Amputation injuries, though rare (about 0.5% of on-the-job accidents), are among the most severe and costly workers’ compensation claims.
Sedgwick noted that the employer is responsible for the lifelong costs of the injury, including the high cost of the initial prosthetic, replacements needed approximately every five years, and the costs of replacement sockets, liners, and other clinical care.
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Federal firefighters can expect timely adjudication of their compensation claims, according to a statement this week from the Office of Workers’ Compensation Programs (OWCP).
“We are committed to prompt adjudication and making sure they get the benefits they are entitled to under the law,” said Jennifer Valdivieso, director of the Division of Federal Employees’ Compensation in OWCP.
She highlighted a change made earlier this year in the Federal Employees Compensation Act (FECA) that addresses cancers not specifically listed in Section 5305 of the 2023 National Defense Authorization Act, “Fairness for Federal Firefighters”.
Firefighter claims will be deemed high risk and qualify for expedited processing if the employee meets the employment criteria listed above and was diagnosed with one of the following cancers: breast, cervical, uterine, ovarian, or basal cell carcinoma.
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