W. Virginia Supreme Court Rejects Workers' Comp Claim

The West Virginia Court of Appeals has rejected a woman's workers' compensation claim who suffered an injury after tripping while she crossed the street during her lunch break.

The court ruled that because Jenny Williby did not suffer the injury in the course of her employment or as the result of her employment she would be denied benefits.

"In crossing the street to pick up her lunch, the appellant was exposed to the same risk as every other member of the public walking on the street that day," the Justices wrote.

Williby's case was sent to the Supreme Court after her employer contested the Workers Compensation Commission's initial approval of her claim.

A lawyer for Williby's employer, First Century Bank, asked her if she was doing bank business during her lunch break, as well if the bank told her what to do during her break.  She answered no to both questions. 

The lawyer was making the argument that Williby's employer neither controlled the street where she suffered the injury, nor how she spent her lunch break, thus making the bank not liable for her injuries.

The Justices ultimately sided with the bank, stating "She was not on her employer's premises, she was not engaged in any work related activities, she was not required or even directed by her employer to cross the street and pick up her lunch during her break."

Williby eventually recovered from her injuries, a torn rotator cuff, and was able to return to work.

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