A Danville city employee, Claude Averett, is getting another chance to claim workers’ compensation after a deputy commissioner initially denied his benefits. The rejection came because Averett did not follow the city’s driver safety rules during a work-related accident.
Averett doesn’t deny that he broke the rules. On the day of the crash, he didn’t wear his seatbelt and was using his cell phone while driving a city vehicle. He admits these were intentional violations of his employer’s safety policies. Video evidence supports these facts.
Despite this, the full Virginia Workers’ Compensation Commission (VWCC) stepped in and sent the case back for further review. The deputy commissioner’s denial lacked key findings required by law. The VWCC explained that the deputy didn’t clearly state what injuries Averett suffered or whether his unsafe actions directly caused those injuries.
Under state law, workers’ compensation can be denied if an injury happens because of willful misconduct or ignoring safety rules. But before making that call, the facts about the injury and its cause must be clear. Since those details were missing, the VWCC overturned the denial and told the deputy to take another look.
Averett argues the evidence doesn’t prove his injuries came from his rule-breaking actions. The commission’s order means his claim isn’t dismissed just yet. It will now be reconsidered, focusing on the real link between Averett’s conduct and his injuries.
This case highlights the careful process required when an employee’s own mistakes might affect their right to compensation. It also shows that denying a claim isn’t straightforward without thorough examination of the facts, even when clear safety violations are involved.