{"id":7205,"date":"2016-03-10T06:25:35","date_gmt":"2016-03-10T06:25:35","guid":{"rendered":"https:\/\/landauinjurylaw.com\/theathleteslawyer\/?p=7205"},"modified":"2016-02-07T19:30:07","modified_gmt":"2016-02-07T19:30:07","slug":"death-during-training-exercise-limited-to-workers-comp-remedy-only","status":"publish","type":"post","link":"https:\/\/landauinjurylaw.com\/theathleteslawyer\/2016\/03\/10\/death-during-training-exercise-limited-to-workers-comp-remedy-only\/","title":{"rendered":"Death During Training Exercise Limited to Workers Comp Remedy Only"},"content":{"rendered":"

A police recruit who died during training at Norfolk Police Academy due to repeated blows to the head during training, does not have a tort remedy and his estate may only recover the very limited benefits available under the Workers\u2019 Compensation Act, according to the Supreme Court of Virginia in a case reported in the Virginia Lawyers Weekly<\/a>.<\/p>\n

It was not disputed that decedent was an employee of the Norfolk Police Department who was injured by and died because of numerous blows to his head during his training. His injury and death arose out of and in the course of his employment and defendants were his co-employees.<\/p>\n

Also, it was admitted that decedent received several blows to the head and was injured during training. The parties agreed he suffered neurological deficits as a result of those blows and was taken to the hospital. There was no dispute that he suffered an injury by accident on that date.<\/p>\n

The estate asserts that decedent\u2019s death resulted from a series of head traumas over a period of time, rather than from a single identifiable incident, and his death is therefore not compensable under the Virginia Workers Compensation Act, which requires a specific injury by accident in the course and scope of 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.<\/p>\n

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.<\/p>\n

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.<\/p>\n

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.<\/p>\n","protected":false},"excerpt":{"rendered":"

A police recruit who died during training at Norfolk Police Academy due to repeated blows to the head during training, does not have a tort remedy and his estate may only recover the very limited benefits available under the Workers\u2019 Compensation Act, according to the Supreme Court of Virginia in a case reported in the…<\/p>\n

Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":4,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[2],"tags":[7031,7038,7025,7032,7021,7018,7026,7034,7029,7035,7027,7023,7024,7030,7036,7022,7028,7033,7039,7037,7019,7020],"class_list":["post-7205","post","type-post","status-publish","format-standard","hentry","category-cases","tag-best-head-trauma-lawyer","tag-best-training-exercise-lawyer","tag-best-virginia-workers-comp-lawyer","tag-best-virginia-workers-compensation-lawyer","tag-comp-bar-covers-police-recruit-death","tag-death-during-training-exercise","tag-died-because-of-numerous-blows-to-head-during-training","tag-in-the-course-and-scope-law","tag-injured-during-training","tag-injury-by-accident-law","tag-injury-death-arose-out-of-in-course-of-employment","tag-injury-during-training","tag-limited-benefits-available-under-workers-compensation-act","tag-neurological-deficits-injury","tag-obvious-mechanical-or-structural-change-in-body","tag-repeated-blows-to-head","tag-several-blows-to-head","tag-specific-injury-by-accident-law","tag-sports-injury-death-law","tag-training-a-proximate-cause-of-death","tag-workers-comp-exercise-injury","tag-workers-comp-only-remedy"],"acf":[],"yoast_head":"\nDeath During Training Exercise Limited to Workers Comp Remedy Only - 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