Assessing Compensability Of A Step Case Can Be Tricky

The Virginia adjuster should be mindful that fall from step cases are extremely fact-specific and can be tricky. The recent Full Commission decision of McKoy v. Fairfax County Government, JCN: VA00002159978 (February 3, 2025) illustrates this point.

In McKoy the Full Commission affirmed the finding of the Deputy Commissioner that that claimant did not establish a compensable injury “arising out of” the employment. Claimant, a trash collector, was required to stand on a metal step on the back of his garbage truck, that was 17 inches off the ground. On the day of his accident, the claimant was standing on this step as the truck went from house to house. He testified: “I basically jumped off the truck, and as soon as I jumped off the truck, I heard a pop in my leg.” Claimant described the step as “a little bit higher” than a normal step. He did not notice any problems with the asphalt where he stepped down. He felt pain immediately, like a pull. He sought medical care and was told he had sprained his right hip.

At the hearing, the claimant was questioned about whether he jumped or stepped off the truck. He agreed that in his recorded statement he had said he stepped down. He testified, “Yeah, I remember that. Well, basically it’s step, jump, or whatever. I, I came down on, my leg.”

Claimant underwent a total right hip arthroplasty on March 6, 2024.

The Full Commission in affirming the finding of the Deputy Commissioner that claimant did not establish a compensable injury “arising out of the employment” held:

. . . We recognize that claimant was performing work as a trash collector, requiring him to step down or jump from the back step of the truck, about 17 inches from the ground. However, the evidence in the record before us is not sufficient for us to find that any work-related risk or significant work-related exercise caused his injury as required by the Act. The claimant did not describe stepping down or jumping in an awkward or unusual fashion. There was no environmental condition that contributed to his injury such as uneven pavement, an awkward or confined setting, or a distraction.

This case demonstrates for the Virginia adjuster that facts in these cases are so important when determining compensability. The Virginia adjuster in supporting a denial should be looking for the following information preferably in the recorded statement:

• • • Was there any defect with the step?
    • Was there any defect or added-risk with the surface upon which the claimant stepped down?
    • Was there anything awkward or unusual about the manner in which the claimant was stepping?
    • Is there medical evidence causally-relating the alleged incident to claimant’s medical treatment.

Should you have any questions about this Opinion or any other matter involving workers’ compensation issues, please do not hesitate to contact the attorneys at Ford Richardson.

Should you have any questions about the issues discussed here or other legal issues, please do not hesitate to contact the lawyers at Ford Richardson.

Ford Richardson is a full-service law firm with headquarters located in Richmond’s financial district and satellite offices in Roanoke, Fairfax and Virginia Beach and Washington, D.C..

Our commitment to our clients is simple: offer top-tier clear legal solutions that allow our clients to excel in their business.

We are privileged to give back to our community and believe it is our responsibility to do so. Our attorneys and support staff serve as leaders and volunteers to a wide array of civic and charitable organizations.

Posted In: E-Blast