employment. The city contends however, that whether or not decedent had preexisting conditions and injuries, his undisputed injury by accident — which allegedly contributed to his death — bars this action.
The Virginia Supreme Court agreed with the city. The highest court found that this case significantly differs from the gradually incurred injury and repetitive trauma cases referenced by the estate in that decedent suffered an obvious mechanical or structural change in his body while engaged in a work activity which exposed him to an employment-related hazard that injured him and contributed to his death.
Decedent collapsed at work after the last blow to his head on Dec. 9, and was rushed to the hospital where he died several days later. The Dec. 9 training was a condition of employment that exposed decedent to the hazards of blows to the head beyond that of the public at large and the injury decedent suffered during training was a proximate cause of his death.
His death is properly construed as accidental within the meaning of the Act.The Supreme Court found that summary judgment on the pleadings was the correct ruling below and the judgment against the deceased trainee was affirmed.