Worker Performing Duties Not in Job Description Gets Work Comp Benefits

By Peter DePaolis

A Virginia grocery store employee was helping a delivery driver move some cases of beer that the store did not accept. The employee felt pain in her left shoulder after helping the driver for some time. She then tried to move a chair and felt more shoulder pain. She went to a doctor who told her she tore her rotator cuff. She sought workers’ compensation benefits and the Virginia Court of Appeals said she could receive benefits, according to a story at

The court said that when the employee was hurt on the job, assisting the delivery driver was outside her job description. However, she could still receive workers’ comp benefits because the employer did not prohibit the work and because the work furthered the employer’s interest.

Her employer disputed the claim stating that moving the beer cases and the chair was not a part of her employment. The claimant admitted that she did not have to help the delivery driver, but the duties were part of her job description. The court said that the claimant was helping the driver move the beer cases because the employer did not accept them. The claimant was furthering the store’s interest, said the court. Get in touch with our office today for more information.

Koonz, McKenney, Johnson & DePaolis L.L.P.

Maryland, Washington, D.C., and Virginia Injury Attorneys

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About the Author
Peter DePaolis joined the firm in 1980 and has since represented a large number of individuals involved in automobile collisions, truck accidents, bus crashes, defective products, and medical malpractice cases. A significant portion of Mr. DePaolis’ practice is devoted to working on behalf of people suffering from asbestosis, mesothelioma, and other asbestos-related cancers. He has led his firm’s fight against the asbestos industry and has recovered over $30 million in damages for asbestos victims and their families.