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Legal Precedent that training protects a company when a worker does not follow company policy and injures himself/others.COURT OF APPEALS OF VIRGINIAPresent: Judges Willis, Humphreys and Senior Judge Overton Argued at Chesapeake, Virginia MARION LEE WALLACE, JR. MEMORANDUM OPINION* BY v. Record No. 2596-00-1 JUDGE JERE M. H. WILLIS, JR. JUNE 5, 2001 PRODUCTION SUPPORT SERVICES AND GREAT AMERICAN INSURANCE COMPANY FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION Thomas W. Carpenter (Thomas W. Carpenter, P.C., on brief), for appellant. Daniel E. Lynch (John T. Cornett, Jr.; Williams & Lynch, on brief), for appellees. On appeal from a decision of the Workers' Compensation Commission, Marion Lee Wallace, Jr. contends that the commission erred in holding that his claim for benefits was barred by his willful violation of a safety rule. Finding no error, we affirm the decision of the commission. The commission's factual findings are supported by credible evidence, including the testimony of Hamlin and Young. Their testimony and review of the safety video support the finding that a rule prohibited lifting a worker on a forklift without a safety cage and that this rule was designed to provide for the safety of employees. Wallace knew the rule. The safety video specifically noted that individuals were not to ride or be lifted on forklifts. The video stated that people should be lifted only in a cage. Wallace violated this rule and as a consequence was injured. The commission did not err in ruling that he is barred from receiving benefits under the Workers' Compensation Act. We affirm the commission's decision. |
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