The Virginia Workers Compensation Commission denied a claim filed by Michael Bernard, a restaurant waiter who “attempted to swallow a piece of quesadilla that was too big for his esophagus.” (SERIOUSLY!). The commission found Bernards injury occurred in the course of his employment but not as a result of an actual risk of employment. Agreeing with the commissions legal reasoning and deferring to its fact finding, we affirm that the claimant had no duty to eat a quesadilla while on the job. -- Bernard v. Carlson Companies–Tgif, 60 Va.App. 400, 728 S.E.2d 508 (Va. App., 2012)
Posted on: Mon, 19 May 2014 14:54:44 +0000
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