Was Janitor whose Knee Popped in Hallway Entitled to Benefits?

What Do You Think?

Ravenswood, WV (WorkersCompensation.com) -- To obtain workers’ compensation benefits, an employee generally has to show, among other things, that her injury was caused by her work activities.

A case involving a janitor for an aluminum manufacturer address that issue. While she was walking down the hallway on August 10 toward the breakroom for a meal, the janitor felt a pop in her left knee and was immediately in pain. She was not carrying, pushing, or pulling anything at the time, nor did she slip or trip on anything. 

 Afterward, she was unable to move other knee or put any weight on it without severe pain. A doctor diagnosed her with a sprain of a ligament of the left knee.

The janitor explained that she had knee pain due to pre-existing arthritis for four or five days prior to the Aug. 10 injury. The pain increased while she was cleaning restrooms and a breakroom. 

The Worker’s Compensation Board denied the janitor’s claim for benefits.

To establish a compensable claim, an employee must demonstrate that she received (1) a personal injury (2) in the course of employment and (3) resulting from that employment. 

Was the Board correct in denying the claim?

A. No. She was at work when the injury occurred and probably slipped on something.

B. Yes. When her knee popped, she was not doing any work that made it more likely her knee would be injured.

If you selected B, you agreed with the court in Smith v. Constellium U.S. Holding I, LLC, No. 24-ICA-238 (W. Va. 12/06/24), which held that the janitor failed to show that her job caused her injury.

The court agreed with the Board that the janitor failed to show she sustained an injury because of her job, given that there was no evidence that her job increased the risk of injury under the circumstances.

The court pointed out that the janitor acknowledged she was not carrying, pushing, or pulling anything at the time her knee popped, and that she did not trip, slip, or stumble over anything. Nor was she performing an activity which created an increased risk of injury when her knee popped. 

In addition, the employee had pain for several days prior to the incident, indicating that the injury may have been caused by her pre-existing arthritis.

Finding it reasonable to conclude that her pain was not caused by work, the court affirmed the Board’s denial of her claim.

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